Wednesday, May 7, 2014

Agenda for next meeting of the Standing Committee of the National Council JCM – BPMS

Agenda for next meeting of the Standing Committee of the National Council JCM: Grant of MACP benefit to the eligible employees in the Hierarchy of promotional grade – BPMS
CENTRAL OFFICE: 2-A, NAVEEN MARKET, KANPUR – 208001, PH & FAX : (0512) 2332222 
MOBILE: 09415733686, 09235729390, 09335621629, WEB : 
REF: BPMS / MACPS / 64 (7/3/M)
Dated: 05.05.2014
Shri Shiva Gopal Mishra,
Secretary, Staff Side,
National Council JCM,
New Delhi.
Subject: Agenda for next meeting of the Standing Committee of the National Council JCM: Grant 
of MACP benefit to the eligible employees in the Hierarchy of promotional grade.  
Dear Sir,
I have come to know that a meeting of the Standing Committee of the National Council JCM is scheduled to be held on 07.05.2014 under the Chairmanship of Secretary (P). Being a constituent of National Council (JCM) but not of Standing Committee, I would like to submit one of the issues regarding grant of MACP benefit in the hierarchy of promotional grade instead of hierarchy of grade pay.
An affected employee had challenged the Government’s decision on the subject vide his O.A. No. 1038/CH/2010 in CAT Chandigarh and that the Hon’ble CAT Chandigarh vide its order dated 31.05.2011 granted the prayer of the petitioner and directed the authorities to grant MACP benefit in the hierarchy of promotional grade. Thereafter, the Union of India represented by the Secretary, DoP&T appealed to the Hon’ble High Court of Punjab and Haryana vide CWP No. 19387 of 2011. This appeal of the DoP&T was subsequently dismissed vide order dated 19.10.2011. The Government thereafter approached the Hon’ble Supreme Court vide SLP No. 7467/2013, the Hon’ble Supreme Court dismissed the said SLP. In view of the above, the issue now stands settled that eligible employee needs to be given MACP benefits in the promotional hierarchy only.
Recently, CAT Principal Bench has issued direction on 12.03.2014 in OA No. 864/2014 that once an order has been passed by this tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same.
 Further, your attention is invited to Para 126.5 of 5th Central Pay Commission which reads as under:
Extending judicial decisions in matters of a general nature to all similarly placed employees. – We have observed that frequently, in cases of service litigation involving many similarly placed employees, the benefit of judgement is only extended to those employees who had agitated the matter before the Tribunal/Court. This generates a lot of needless litigation. It also runs contrary to the judgment given by the Full Bench of Central Administrative Tribunal, Bangalore in the case of C.S. Elias Ahmed and others v. UOI & others (O.A. Nos. 451 and 541 of 1991), wherein it was held that the entire class of employees who are similarly situated are required to be given the benefit of the decision whether or not they were parties to the original writ. Incidentally, this principle has been upheld by the Supreme Court in this case as well as in numerous other judgments like G.C. Ghosh v. UOI, [ (1992) 19 ATC 94 (SC) ], dated 20-7-1998; K.I. Shepherd etc. Accordingly, we recommend that decisions taken in one specific case either by the judiciary or the Govt. should be applied to all other identical cases without forcing the other employees to approach the court of law for an identical remedy or relief. We clarify that this decision will apply only in cases where a principle or common issue of general nature applicable to a group or category of Government employees is concerned and not to matters relating to a specific grievance or anomaly of an individual employee.
Contrary to above, DoP&T has replied (letter No. No. P-26012/5/2011-AT, 19.08.2013 & No. P-13025/11/2014-AT, dated 04.04.2014) under RTI Act that the SLP was dismissed on technical grounds and not on merit, hence, the Department had decided to implement the order dated 31.05.2011 of CAT Chandigarh Bench for grant of financial upgradation in the promotional hierarchy under MACP to Shri Rajpal on personal basis not to be treated as a precedent
The stand taken by DoP&T is a matter of great concern for the trade unions as whether Govt of India wants to add 35 Lakh more court cases filed by each and every Central Government Civilian employees where the courts are already overloaded and several lakhs of litigants are waiting for judgment for decades.
You may be agree that the JCM Forum has been evolved for promoting harmonious relations and securing the greatest measure of cooperation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern and increasing the efficiency of the public service. Hence, it is our moral and legal responsibility to protect the rights of our fellow members through JCM forum also.
Therefore, you are requested to add the above agenda point in the meeting and try your level best to prove the worthy of existence of this National Council (JCM) by resolving the issue without further delay and litigations in the interest of employees.
Thanking you.
 Yours Sincerely
 Member, National Council (JCM) &
 Organizing Secretary/BPMS

Delhi HC refuses to stay functioning of Seventh Pay Commission

Delhi HC refuses to stay functioning of Seventh Pay Commission
New Delhi: The Delhi High Court on Tuesday declined to stay the functioning of the Seventh Pay Commission while hearing a plea that challenged a notification on inclusion of a former IAS officer as a member of the panel.
Justice Sudershan Kumar Misra also issued notice to the central government on the plea filed by retired members of the all India Services, central civil services and armed forces against the government’s February 28 notification constituting the commission.
The petitioners argued that inclusion of a former Indian Administrative Service officer, Vivek Rae, in the four-member commission give rise to a “real likelihood of bias” on his part to give a favourable recommendation to the IAS.
The petition said: “The impugned resolution, by retaining the practice of including a member of the IAS as a member of the commission has given rise to a real likelihood of bias on the part of such member in favour of maintaining the status quo, under which the IAS enjoys a position of special privilege in respect of pay fixation.”
Rae has a directed pecuniary interest in the recommendations of the commission, as it would also determine his pension and retirement benefits, alleged the plea.
The petitioners further questioned the practice of previous pay commissions providing an “edge” in pay scales to members of the IAS over other members of the AIS and other central civil services including India Forest Services (IFS), Indian Police Service (IPS), Indian Revenue Service (IRS), and all other group A central services.
“Past report of the commission rise to a reasonable apprehension that the reason for the repeated rejection of the demands for parity of other services in the AIS with the IAS is attributable to the fact that the commission has always comprised of a member of the IAS,” the petition submitted.
Central government counsel, however, argued the commission was not a “one-man show” and that it recommendations inturn have to go through scrutiny of the government and Rae was included in the commission because of his wide experience in the field.
Former Supreme Court judge Justice Ashok Kumar Mathur is the chairman of the commission and former petroleum and natural gas secretary Rae, National Institute of Public Finance and Policy (NIPFP) Rathin Roy, OSD in finance ministry’s expenditure department Meena Agarwal are the members.

Revision of CGHS Rates for various Coronary Stents / Angioplasty

Revision of CGHS Rates for various Coronary Stents / Angioplasty

No. Misc. 1002/2006/CGHS(R&H)ICGHS(P)
Government of India
Ministry of Health & Family Welfare
Department of Health & Family Welfare
Nirman Bhavan, New Delhi
Dated: the 29 April, 2014

Sub:- Revision of Ceiling Rates for various Coronary Stents / Angioplasty& Angioplasty with Balloon for CGHS/CS (MA) beneficiaries.

With reference to the above mentioned subject, the undersigned is directed to draw attention to the Office Memoranda of even No. dated 7/2/2013, 21/2/2013 and 7/2/2014 and to state that the ceiling rates for reimbursement of drug eluting coronary stents for CGHS beneficiaries I CS(MA) bencficiaries prescribed in the above referred to Office Memoranda are revised w.c.f. the date of issue of this office memorandum as follows:

Revised ceiling rates of Drug Eluting Stents: Rs. 23,625/- (Inclusive of all taxes). Other terms and conditions shall remain the some.

2. This issues with the approval of the competent authority.
(Ravi Kant)
Under Secretary to the Government of India

Grant of Transport Allowance to Orthopaedically handicapped Railway Employees.

Grant of Transport Allowance to Orthopaedically handicapped Railway Employees.

(Railway Board)

RBE No. 40/2014
No. PC-V/2014/A/TA/1
New Delhi, dated 29.04.2014
The General Manager/CAOs(R)
All Zonal Railways & PUs
(As per mailing list)
Sub:-Grant of Transport Allowance to Orthopaedically handicapped Railway Employees.
Reference is invited to Railway Board’s letter No. F(E) I-78/AL-7/5, dt.15.01.1980 as amended from time to time and to say that the criteria for orthopaedically handicapped employees to draw Transport Allowance at double the normal rates has been reviewed by Ministry of Finance in consultation with the Ministry of Health & Family Welfare. It has been decided that in partial modification of para-1 of Railway Board’s letter dt. 15.01.1980 referred above, Double Transport Allowance shall be allowed to an orthopaedically Handicapped Railway employee if he or she has a minimum of 40% permanent partial disability of either one or both upper limbs or one or both lower limbs OR 50% permanent partial disability of one or both upper limbs and one or both lower limbs combined. The other conditions of Board’s letter dated 15.01.1980 for granting Double Transport Allowance to orthopaedically handicapped Railway employees shall remain unchanged.
2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
3. Hindi version is enclosed.

{Authority: MoF’s OM No.21-1/2011-E.II(B), dt. 5th August, 2013}
Dy.Director, Pay Commission – V
Railway Board.
No. PC-V/2014/A/TA/1
New Delhi, dated 29.04.2014


Inclusion of IAS officer in 7th Pay Commission challenged in Delhi HC

Inclusion of IAS officer in 7th Pay Commission challenged in Delhi HC
The Indian Express | New Delhi | May 7, 2014 2:26 am

The central goverment counsel Jatan Singh said there was no scope for bias since recommendations of the commission were a “collective decision,” of the three members.

The inclusion of a senior IAS officer in the three member 7th Pay Commission has been challenged in the Delhi High Court by a group of retired officials from various other central services, including a former defence officer

The retired officials, in their plea, challenged the notification to constitute the 7th Pay Commission alleging that there was an inherent bias in the recommendations of the commission towards IAS officers, who get a higher pay scale than their contemporaries in other services. The HC Tuesday issued a notice to the Centre on the plea and sought its response within six weeks.

According to the Finance Ministry’s notification issued in February, Vivek Rae, retired secretary-level officer in the IAS, was made a member of the panel along with a retired judge and the Director of the National Institute of Public Finance and Policy, Rathin Roy.

The petitioners argued that an IAS officer could not be appointed as he would be “by necessary implication, directly interested in and affected by the recommendations of the pay commission.”

“No person who has ever been a member of any of the services, whose pay or pension is under fixation should be on the commission,” the plea said.

The central goverment counsel Jatan Singh said there was no scope for bias since recommendations of the commission were a “collective decision,” of the three members.

Will 7th CPC Add Lustre to the Children Education Allowance Scheme..?

Will 7th CPC Add Lustre to the Children Education Allowance Scheme..?

It was only in the 6th CPC that the CHILDREN’S EDUCATION ALLOWANCE & HOSTEL SUBSIDY was introduced to Central Government employees with new face..! Prior to this, the scheme was being granted in a simple form as Tuition Fees. From Rs. 30 to 40 per month, the scheme was revamped much to the excitement of the Central Government employees, and earned their appreciation. 
One could see that the scheme, launched in the nation’s interest and with the intention of attaining higher standards in the field of education and literacy, had succeeded. 

Under this scheme, Central Government employees were now eligible to refund the educational expenses of Rs. 1000 per month per child, for two children, adding up to Rs. 12,000 per annum per child. By submitting original receipts for the expenses incurred for the education of their children from Kindergarten, right up to Class XII, the employee could claim a maximum reimbursement of Rs. 12,000 per year. The scheme was applicable for two children, at the most.

As a result, Central Government employees began sending their children to only the best schools. It wouldn't be an exaggeration to say that the scheme was a big boon for Central Government employees living in small and medium-sized towns and cities. 
In addition to this, a recommendation was made to raise the Dearness allowance by 50% each time, the allowances and advances also revised by 25%. As a result, from 01.01.2011, from Rs. 12,000 per annum, it has increased to Rs. 15,000 each year. And now the Children Education Assistance once again revised by 25% from 1.1.2014.
Even though there were some procedural difficulties in implementing these schemes, they were generally welcomed by all. A Glittering Diamond in 6th CPC’s Crown
Everybody is eagerly waiting to see how this scheme, which was introduced for the betterment of the future generation, is going to be handled by the 7th CPC.
Let's see the scheme highlights...
  • Applicable to all Central Government Employees without any pay limit...
  • Child means, employee's child, wholly depends on the employee...
  • Reimbursement is admissible only if the children study in a recognized school...
  • If both(husband&wife) are  working, reimbursement will be allowed to one of them...
  • Reimbursement is allowed for two eldest surviving children only, accepted in case of multiple birth in second child birth...
  • Children from nursery to twelth and two years diploma course in polytechnic...
  • Nursery means, two classes prior to class 1 irrespective of nomenclature...
  • Even if a child fails, reimbursement shall not be stopped...
  • Reimbursement of school bags, pens and pencils are not allowed...
  • Age limit for claiming reimbursement for children is 20 years...

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