Wednesday, October 31, 2018

Child Care Leave (CCL) - Railways

Clarification on Child Care Leave - Railway Board

Removal of the limit of 22 years in case of a disabled child for the purpose of Child Care Leave

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
RBE No. 162/2018
New Delhi dated 17.10.2018

No. E(P&A)I-2008/CPC/LE-8

The General Managers/Principal Financial Advisers,
All Indian Railways and Production Units.

Sub: Child Care Leave (CCL) - reg.

In pursuance of the decision taken by the Government, the Ministry of Railways have decided that the limit of 22 years in case of a disabled child for the purpose of Child Care Leave under the provisions of Rule 551 (E) of Chapter-5 of Indian Railway Establishment Code (IREC), Volume-I be removed. It has also been decided that Child Care Leave may not be granted for a period less than five days at a time.

2. This order shall take effect from 13th June, 2018.

3. There is no change as regards other terms and conditions of this leave.

4. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

5. Please acknowledge receipt.
sd/-
(N P Singh)
Joint Director Estt.(P&A),
Railway Board
Source: Railway Board

7th CPC: Clarification on admissibility of Charge Allowance in Indian Railways

7th CPC Charge Allowance - Railway Board Orders

Clarification on admissibility of Charge Allowance in Indian Railways
GOVERNMENT OF INDIA (BHARAT SARKAR)
Ministry of Railways (Rail Mantralaya)
(Railway Board)
No. PC-VII/2017/I/7/5/8
New Delhi, dated: 25.10.2018
The General Manager/PCPOs,
All Indian Railways & Production Units,

Sub: Clarification on admissibility of Charge Allowance in Indian Railways

Consequent to implementation of recommendations of 7th CPC, various references have been received from Zonal Railways regarding admissibility of Charge Allowance in the CPC pay structure and grant of benefits like DA, HRA etc. on the same.

2. In this context, it is informed that the issue of admissibility of Charge Allowance in 7th CPC pay structure is presently under examination in Department of Personnel and Training.

3. In view of the same, it is informed that any clarifications regarding Charge Allowance can only be issued by Board's office once guidelines in this matter are issued by DoPT.
sd/-
(Jay Kumar G)
Deputy Director, Pay Commission-VII
Railway Board
Source: Railway Board

AICPIN for September 2018

AICPIN for September 2018

All India Consumer Price Index for the month of September 2018

Labour Bureau released the Consumer Price Index for Industrial Workers (CPI-IW) for the month of September 2018 today(31.10.2018).

The All India CPI-IW for September, 2018 remained stationary at 301.

2018

Month/YearCPI+/-HighLow
JAN 2018288+2
FEB 2018287-1
MAR 20182870287
APRI 2018288+1
MAY 2018289+1
JUN 2018291+2
JUL 2018301+10301
AUG 20183010
SEP 20183010

2017

Month/YearCPI+/-HighLow
JAN 2017274-1274
FEB 20172740
MAR 2017275+1
APR 2017277+2
MAY 2017278+1
JUN 2017280+2
JUL 2017285+5
AUG 20172850
SEP 20172850
OCT 2017287+2
NOV 2017288+1288
DEC 2017286-2

2016

Month/YearCPI+/-HighLow
JAN 2016269
FEB 2016267-2267
MAR 2016268+1
APR 2016271+3
MAY 2016275+4
JUN 2016277+2
JUL 2016280+3280
AUG 2016278-2
SEP 2016277-1
OCT  2016278+1
NOV 2016277-1
DEC 2016275-2

Expected DA Table for Jan 2019

Expected DA Table for Jan 2019
DA Calculation as per 7th CPC
Month YearAICPIN12 Months Total12 Months AverageIncreased Over 261.42DA %
Jan-162693152262.670.48
Feb-162673166263.330.92
Mar-162683180265.001.37
Apr-162713195266.251.85
May-162753212267.672.39
Jun-162773228269.002.902
Jul-162803245270.423.44
Aug-162783259271.583.89
Sep-162773270272.054.24
Oct-162783279273.254.53
Nov-162773286273.834.75
Dec-162753292274.334.944
Jan-172743297274.755.10
Feb-172743304275.335.33
Mar-172753311275.925.55
Apr-172773317276.415.74
May-172783320276.665.84
Jun-172803323276.915.935
Jul-172853328277.336.10
Aug-172853335277.926.31
Sep-172853343278.586.56
Oct-172873352279.336.85
Nov-172883363280.257.20
Dec-172863374281.177.557
Jan-182883388282.338.00
Feb-182873401283.428.42
Mar-182873413284.428.80
Apr-182883424285.339.15
May-182893435286.259.50
Jun-182913446287.179.859
Jul-183013462288.5010.36
Aug-183013478289.8310.87
Sep-18
Oct-18
Nov-18
Dec-18

Policy improvement in Dental Health Care Centres & Referral system for Railway employees

Policy improvement in Dental Health Care Centres & Referral system for Railway employees

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
NO. 2018/Trans Cell/Health/Medical Issues
Dated: 26.10.2018
The General Manager, All Indian Railways/PUS, NF (Con), CORE
The DG/RDSO/Lucknow, DG/NAIR/Vadodara
CAOS, DMW/Patiala, WPO/Patna, COFMOW/NDLS, RWP/Bela, CAO/IROAF

Sub: Policy improvements in Dental Health Care System.
Ref: 1. Railway Board Letter no. 2017/H-1/25/2/DentaI/Policy dated 23.03.2018
2. Railway Board's letter no. 2018/Trans Cell/Health/CMP & PTDS dated 06.06.2018.
3. Railway Board's letter no. 2000/H-1/l2/27/pt-I dated 16.10.2000.
4. Railway Board's letter no. 2002/H-1/12/13/DentaI/S.E.C.R dated 10.12.2013.
5. Railway Board's letter 2018/Trans Cell/Health/Medical issued dated 25.08.2018.

In order to improve the Dental Health Care, and with reference to Board's letters mentioned above, Board (MS, FC & CRB) have approved the following:
1. Empanelment of Government & Private Dental Hospitals/Centres & Referral of Patients:
1.1 Zonal Railways are empowered to empanel the Government or Private Dental Hospitals/Centres for referral at par with empanelment of other specialty hospitals at CGHS rates.
1.2 The patients may be referred to by Dental Surgeon/Railway Doctor, as per the requirement/necessity of the treatment.
2. Reimbursement of expenditure on Dental treatment
2.1 The reimbursement of expenditure, incurred on Dental treatment of Railway medical beneficiaries, is permitted for the treatments taken outside, if the local CMS/MD/CMO/ACMS incharge of the Hospital is satisfied that same was required to be taken from outside even when Railway Hospital/Sub Divisional Hospital was provided with Part Time/Full Time Dental Surgeon and infrastructure facilities.
2.2 The re-imbursement shall be made in accordance with CGHS. approved dental procedures and rates only.
2.3 Zonal Railway may reimburse the expenditure incurred on other dental procedures which are not included in CGHS list, if the same is done at the nearest Government Dental College/Government Hospital as per the charges levied by these Institutions (this should however not include material and lab charges, charged by outsourced private agencies).
3. Age & Term of Engagement of Part Time Dental Surgeons
3.1 The age limit & terms of CMPs as issued vide letter 2018/Trans Cell/Health/Medical issued dated 25.08.2018 shall be extended to Part Time Dental Surgeons also.
3.2 The entry level age limit of candidate for appointment as Part Time Dental Surgeon shall be 53 years from the date of issue of this letter.
3.3 The maximum age limit shall be 65 years or 12 terms whichever is earlier and each term of engagement shall not exceed more than 1 year.
4. Extension of policy of part time Dental Surgeons to other hospitals
4.1 The policy of Engagement of Part Time Dental Surgeons is now extended to Sub-Divisional Hospitals also, where justified. Such powers are delegated to the GM with concurrence of associate finance and on the recommendation of PCMD & PCPO.
4.2 The power of engagement of the approved Part Time Dental Surgeons shall be in accordance with Board's letter no. 2018/Trans Cell/Health/CMP & PTDS dated 06.06.2018.
4.3 Other rules & guidelines as issued from Board on the above subject shall remain unchanged and as modified from time to time.
This issues with the concurrence of Associate Finance of Transformation Cell of Railway Board.
Kindly acknowledge the receipt and ensure compliance.
(Umesh Balonda)
Executive Director/S&
Transformation Cell
Source: Railway Board

Instructions for the purchase of laptops/notebooks and similar devices for eligible officers - Clarification regarding admissibility of Taxes/GST on the price ceiling

Purchase of laptops/notebooks and similar devices for eligible officers -Clarification regarding admissibility of Taxes/GST on the price ceiling

No. 03(13)/2018-E.II(A)
Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi
Dated: 22nd October, 2018
OFFICE MEMORANDUM

Subject : Instructions for the purchase of laptops/notebooks and similar devices for eligible officers - Clarification regarding admissibility of Taxes/GST on the price ceiling.

The undersigned is directed to inform that references have been received in this Department seeking clarification regarding admissibility of Taxes/GST on the prescribed price ceiling of Rs. 80,000 as mentioned in Para 2(i) this Department's O.M. No 08(34)/2017-E.II(A) dated 20th February, 2018 on the above subject.

2. The matter has been considered in this Department. Since taxes are statutory in nature and are bound to change from time to time, it is clarified that the price ceiling of Rs. 80,000/- for the purchase of laptops/ notebooks and similar devices for eligible officers under the provisions of this Ministry's OM dtd. 20th February 2018 is exclusive of taxes.

3. This is issued with the approval of Secretary (Expenditure).
H. Atheli
(Director)
Source: DoE

Entry Pay for Direct Recruits Appointed on or after 1.1.2006

Entry Pay for Direct Recruits Appointed on or after 1.1.2006

Pay Fixation in the Case of Persons Other than Such Direct Recruits.

Kendriya Vidyalaya Sangathan
18, Institutional Area
Shaheed Jeet Singh Marg
F.No.1 10239/52/2018/KVS (HQ)/Budget
New Delhi - 16
Dated: 29.10.2018
Deputy Commissioner/Director
Kendriya Vidyalaya Sangathan
All Regional Offices and ZIETs

Sub: Central Civil Services(Revised Pay) Rules, 2008 - Section II of the Part 'A' of the First Schedule thereto - entry pay for direct recruits appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits.

Madam/Sir,
I am directed to refer to MHRD letter No.F.3-6/2018-UT.2 dated 23rd Oct,2018(copy enclosed) on the subject mentioned above and to forward herewith a copy Of Department of Expenditure's O.M.No.8-23/2017-E.IIIA dated 28.9.2018 conveying therein the decision of the Government of India on the matter of grant of entry pay to employees who had joined prior to 1.1.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 1.1.2006, turns out to be lower than the prescribed entry pay for direct recruits of that post.

You are therefore requsted to examine and decide such cases of pay anomalies in light of the aforementioned decision conveyed by the Department of Expenditure. It is also advised that the action taken in this regard may be brought to the notice of the Hon'ble Tribunals/Courts where such matters are presently sub-judice, so that these cases may be disposed of at the earliest.
sd/-
(Sanjay Kumar)
Asstt. Commissioner (Fin)
Source: http://kvsangathan.nic.in

Tuesday, October 30, 2018

One Rank One Pension (OROP) to the Defence Forces Personnel

PCDA (P) Circular No. 609: OROP to the Defence Forces Personnel

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014

REGISTERED
Circular No. 609
Dated: 26.10.2018
To

1. The Chief Accountant, RBI, Deptt. Of Govt, Bank Accounts, Central Office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai-400051
2. All CMDs, Public Sector Banks.
3. The Nodal Officers, ICICI/HDFC/AXIS/IDBI Banks
4. All Managers, CPPCs
5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal
6. The PCDA (WC), Chandigarh
7. The CDA (PD), Meerut
8. The CDA, Chennai
9. The Director of Treasury, All States
10. The Pay and Accounts Officer, Delhi Administration, R K Puram and Tis Hazari, New Delhi.
11. The Pay and Accounts Office, Govt of Maharashtra, Mumbai
12. The Post Master Kathua (J&K), Camp Bell Bay.
13. The Principal Pay and Accounts Officer Andaman and Nicobar Administration Port Blair.

Subject:- One Rank One Pension (OROP) to the Defence Forces Personnel.

Reference:- Gol, MoD letters No. 12(1)/2014/D(Pen/Policy)-Part-II dated 07.11.2015 and 03.02.2016 circulated vide this office Circular No. 555 dated 04.02.2016 and amended vide Circular No. 557 dated 17.03.2016, Circular No. 566 dated 16.09.2016, Circular No. 580 dated 05.07.2017, Circular No. 581 dated 02.08.2017.

A Copy of GoI, MoD letter No. 12(1)/2014/D(Pen/Pol)-Pt-II dated 17.10.2018 which is self explanatory, is forwarded herewith for further necessary action and immediate implementation.

2. Consequent upon issuance of GoI, MoD letter dated 17.10.2018, the tables No. 5, 14, 23, 32, 41, 50, 63, 64, 74, 83 and 92 have been modified to the extant mentioned in ibid Govt. letter. Pension of the affected pensioners may be reviewed and revised according to amended tables. However, if pension revised in these cases according to amended tables w.e.f. 1.7.2014 is less than the pension as on 30.06.2014, the same will not be revised of the disadvantage to the pensioners.

3. Further, in table No. 7, the pension rate of Hony. Nb. Subedar with qualifying service of 13 years has not been protected with reference to the lower rank viz Havildar of same qualifying service i.e. 13 years. As such following amendment may be carried out in tables No. 7.
Rank - Hony. Nb. Sub.
Group - X
Qualifying service - 13 Years
For - 8078
Read - 8136

4. Any arrears/recovery of overpayment pension would have to be adjusted by the concerned PDAs as per the extant rules/procedure.

5. All other terms and conditions remain unchanged.

6. This Circular has been uploaded on this office website www.pcdapension.nic.in for dissemination to all concerned.

No. Gts/Tech/0167/XXIX
Dated: 26.10.2018
(Sandeep Thakur)
Addl CDA(P)

Revision of pension of pre-2016 pensioners/ family pensioners in implementation of Govt. decision on the recommendations of the 7th Central Pay Commission concordance tables

7th CPC Notional Fixation for Defence Pensioners - PCDA Circular No. 608

PCDA Circular No. 608 - Defence Pensioners 7th CPC Notional Fixation 3rd, 4th, 5th and 6th CPC Concordance Tables for Revision of Pension of Pre-2016 Pensioners

Office of the Principal CDA(Pensions)
Draupadi Ghat, Allahabad-211014
Circular No.608
Dated:26.10.2018
To
The Officer-in-Charge
ROs/ PAOs (ORs)

Subject: Revision of pension of pre-2016 pensioners/ family pensioners in implementation of Govt. decision on the recommendations of the 7th Central Pay Commission concordance tables-regarding.

Reference: (1) This office Circular No. 570 dated 31.10.2016 and No. 585 dated 21.09.2017.
(Available on the website of this office www.pcdapension.nic.in)
(2) GoI, MoD letter No.17 (01)/2017/(02)/D(Pension/Policy) dated 17.10.2018.

Attention is invited to Para-4 of Gol, MoD letter No. 17 (01)/2017/(02)/D(Pension/Policy) dt 05.09.2017 circulated vide Circular No. 585 dated 21.09.2017, wherein it has been mentioned that revision of pension/family pension of all Armed Forces Personnel who retired! died prior to 01.01.2016 under first formulation was to be revised by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale! pay band and grade pay at which they retired! died. This was to be done by notional pay fixation under each intervening Pay Commission based on the formula for revision of pay. The revised rates of Military Service Pay, Non Practising Allowance, where applicable, and ‘X’ Group pay Classification Allowance for JCOs/ ORs, if applicable, notified in terms of 7th CPC orders, also to be added to the amount of pay notionally arrived at under the 7th CPC pay matrix and termed as notional reckonable emoluments as on 01.01.2016. The higher of the two Formulations i.e. the pension/family pension already revised in accordance with Gol, MoD letter No. 17(01)/2016-D(Pen/PoI) dated 29th October 2016 and modified vide letter No. 17(01)/2017 (01)/D(Pen/PoIicy) dated 04.09.2017 or the revised pension/ family pension worked out in accordance with Para 5 above, shall be granted to pre-2016 Armed Force Pensioners as revised Pension/ Family Pension w.e.f. 01.01.2016.

2. GoI, MoD vide letter No. 17(01)/2017/(02)/D(Pension/ Policy) dated 17.10.2018 has issued concordance tables to facilitate fixation of notional pay of pre-2016 defence pensioners! family pensioners by the concerned Record offices and attached Pay Account Offices in case of JCO/ORs of the three Services and PCDA(O) Pune/ Naval Pay Office, Mumbai/ AFCAO New Delhi in case of Commissioned Officers of Army/ Navy/Air Forces respectively. A copy of ibid Gol, MoD letter dated 17.10.2018 enclosed herewith for further necessary action, which is self-explanatory.

3. In view of the above, Record Offices are requested to prefer/forward the claims for revision of pension in respect of Pre-1.1.2016 pensioners/family pensioners in accordance with the instructions given in this office Circular No. 585 dated 21.09.2017 by using this concordance table for fixing the notional pay of the pensioner. However, it is informed that the LPC-cum-Data Sheet circulated in Circular No. 585 dated 21.09.2017 is under modification along with amendment in the software programme. An utility programme in this regard is also under development. The same along with detailed instructions will follow shortly.

No. Gts/Tech/7th CPC/0181/Vol-VII

Dated: 26.10.2018
sd/-
(Sandeep Thakur)
Addl CDA (P)
Source: http://pcdapension.nic.in

Mutual Transfer involving employees working in two different grades

Mutual Transfers permitted between staff in two different grades and not in intermediate grades

GOVERNMENT OF INDIA
MINISTRY OF  RAILWAYS
(RAILWAY BOARD)
No. E(NG)I-2018/TR/8
New Delhi, Dated: 26.10.2018
The General Manager (P),
All Indian Railways/PUs,
New Delhi.

Sub:- Mutual Transfer involving employees working in two different grades.

In terms of para 310 of IREM Vol. I 1989 Edition, Railway Servants can seek mutual transfer in the corresponding cadre of two Divisions/Offices/Railways and retain the seniority of the junior employees in their respective new units. The procedure for mutual transfer have recently been further simplified vide:-

(i) Board's letter No. E(NG)I-2017/TR/24 dated 22.09.2017 (RBE No. 131/2017) which delegates powers to Divisional Railway Managers in respect of mutual transfer, and
(ii) Board's letter No. E(NG)I-2017/TR/19 dated 06.07.2018 (RBE No. 99/2018) which enabled employees working in Level-I (GP Rs. 1800) belonging to any department/cadre to go on Mutual Exchange basis transfer with another employee working in Level-I (GP Rs. 1800) irrespective of cadre.

2. With a view to further enable employees to seek Mutual Exchange Transfer and in view of clarifications sought by some Zonal Railways in this regard and the demand of both and Federation e.g. NFIR and AIRF, Board have considered the matter. It has been decided that Mutual Transfers may also be permitted between staff in two different grades but only in the recruitment grade of the cadre and not in intermediate grades.

3. Both the employees seeking mutual exchange shall have to give a written undertaking accepting reversion unconditionally and willingly in their own interest to the recruitment grade and bottom seniority in their respective new Unit in order to avoid future litigation. The expression mentioned in preceding lines, should necessarily be incorporated in the application submitted by the employee concerned. The "Note" below para 2(b)(iii) of Board's letter No. E(NG)I-2017/TR/24 dated 22.09.2017 as mentioned in para 1 above stands deleted.

4. Other terms and conditions for mutual exchange including community restrictions contained in Board's letter No. E(NG)I-2004/TR/16 dated 14.08.2017 and 22.10.2007 remain.

Please acknowledge receipt.

Hindi version will follow.
(Prabhash Kumar)
EDE(N)
Railway Board

Who are not Applicable to Dearness Relief on the pension - CPAO

Who are not Applicable to Dearness Relief on the pension - CPAO

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE

TRIKOOT-II, BHIKAJI CAMA PLACE,
NEW DELHI-110066
PHONES : 26174596,26174456,26174438
CPAO/IT&Tech/Salaries & Allowances of MPs /70/2018-19/146
23.10.2018
OFFICE MEMORANDUM
Subject:- Applicability of Dearness Relief to the pensioner/Family Pensioner.

It has come to notice that the dearness relief is being paid on the pension to the pensioners who are not entitled to dearness relief on their pension. In this regard attention is invited to the Para 19.4 of the Scheme for Payment of Pension to Central Government Civil Pensioners by Authorized Banks (copy enclosed) wherein it is stated that the dearness relief on the pension is not payable to pensioners mentioned below:-

1) President/Vice-President
2) Ex-MP Lok Sabha
3) Ex-MP Rajya Sabha

CPPCs of the banks are requested to ensure that the dearness relief on the pension should not be paid to the pensioners mentioned above.

This issues with the approval of Chief Controller (Pension).
(Md. Shahid Kamal Ansari)
(Asstt. Controller of Accounts)

Citizen Forum in Defense of Indian Financial Sector

National Convention - Citizens Forum in Defence of Indian Financial Sector

Citizens Forum in Defence of Indian Financial Sector

NATIONAL CONVENTION

27th October 2018,
Constitutional Club, Speaker Hall Annexe,
New Delhi

PRESS STATEMENT

Citizen Forum in Defense of Indian Financial Sector is organising a National Convention at Speaker Hall Annexe, Constitutional Club, V.P. House, Rail Marg, New Delhi - 110 001. Prominent speakers in this convention are - Economists - Prof. Prabhat Patnaik & Prof. Jayati Ghosh; prominent political leaders - Prof. Manoj Jha (RID) & Sh. Harish Rawat (Congress) and other prominent trade union leaders from financial sector -Insurance, Banking and representatives from Central Govt. Employees.

The network of Public Sector Financial Institutions which have played a highly laudable role in financial and economic development of modern India is an uncontested fact It is also a fact that Public Sector Financial Institutions in India provided shield to financial system in India during international financial crisis in 2008. Unfortunately, Moth Govt at Centre is hell-bent to destroy Public Sector Financial Institutions in the name of 'ease of doing business', also as a political class of a particular political leaning keeping in view the interest of Indian and foreign corporate houses and thus jeopardising the national interest.

This convention will discuss the whole gamut of neoliberal global agenda which Indian government is implementing with full zeal ignoring the ground realities in Indian context. The campaign in defence of Indian Financial sector will not be limited to this convention. Campaign will continue and will cover whole country in times to come in order to mobilise the people of this country to force the Indian Govt. to abandon neo-liberal agenda on financial sector in the best interest of this country.
We invite your representatives to cover this event which will start at 10.30 am on 27.10.2018 at Speakers Hall Annexe, Constitutional Club, V P Haase, New Delhi and will continue till 1 pm.
(Anil Kumar Bhatnakar)
Convenor
Source: Confederation

Re-engagement of Retired Gazetted Officers in Exigencies of Services

Re-engagement of Retired Gazetted Officers in Exigencies of Services

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
No. 2018/Trans Cell/S&T/Contractual Staff
Dated: 25.10.2018
The General Manager, All Indian Railways/PUs, NF(Con), CORE
The DG/RDSO/Lucknow, DG/NAIR/Vadodara
CAOs, DMW/Patiala, WPO/Patna, COFMOW/NDLS, RWP/Bela, CAO/IROAF

Sub: Re-engagement of Retired Gazetted Officers in Exigencies of Services.
Ref: (1) PCPO/CR's letter no. P/HQ/R/952 dated 21.08.2018.
(2) Board's letter No. E(NG)-II/2007/RC-4/CORE/1 dated 16.10.17.

Keeping in view the difficulties being experienced by Zonal Railways due to vacant posts of Gazette Officers and with reference to letter at (1) above, Board (MS, FC & CRB) have approved re-engagement of retired officers in Junior Scale (only) as consultant in exigencies of the services against the vacant posts, with following conditions:
  1. General Managers are empowered to re-engage the retired officers.
  2. The Terms of Reference (ToR) of the work to be assigned shall be prepared and approved by GM and same shall be advertised as part of the application.
  3. Railway shall give publicity to such re-engagement, by publishing such requirements on Railway website with the eligibility criteria & application form.
  4. Suitability/Competency of the retired officer shall be adjudged before such re-engagement by a committee of three PHODs/CHODs/SAG as appointed by GM.
  5. While re-engaging such officers, medical fitness of the appropriate category shall be obtained from the designated authorities as per existing practices.
  6. The period of engagement shall be initially for one year and further extendable as per requirement.
  7. Maximum age limit of the re-engagement shall be 65 years.
  8. The engagement of consultant shall not be considered as a case of re-employment.
  9. 12 days leave in a calendar year on pro-rata basis is admissible.
  10. Re-engaged officer shall not be entitled for requisites such as HRA, CCA, Transport Allowance, Residential accommodation, etc. However, when required to travel in connection with official work, TA/DA admissible to regular employee working in the same Grade will be admissible.
  11. The designation shall be consultant followed by (trade name) i.e Officer appointed against the post of ADEN may be designated as Consultant (Engg.)
  12. Re-engaged officer shall be given the responsibilities like inspections, supervision, drawings, etc.
  13. Re-engaged officer shall not be made in charge of the unit like Branch Officer in the Division or independent in charge in the Construction unit.
  14. Re-engaged officer shall not be given the financial and D&AR powers and shall not be authorized to issue any safety certificate.
  15. The consultant shall not divulge any information gathered by him/her during the period of assignment related to the organization to anyone who is not authorized to know/have the same.
  16. Re-engaged officer shall be discharged immediately on joining of selected candidate(s) from UPSC or departmental selection or as per the recommendation of PHOD/CHOD concerned.
  17. Monthly remuneration of a retired officers being re-engaged be determined by reducing Pension-from his/her last pay drawn (i.e. Basic Pay +DA).
  18. This scheme is experimental in nature and is valid for two years from the date of issue of the letter.
This issues with the concurrence of Associate Finance of Transformation Cell of Railway Board.
Kindly acknowledge the receipt and ensure compliance.
(Umesh Balonda)
Executive Director/S&T
Transformation Cell
No. 2018/Trans Cell/S&T/Contractual Staff
  1. PFAs, All Indian Railways & Production Units
  2. The ADAI (Railways), New Delhi
  3. The Director of Audit, All Indian Railways
Copy: As per list attached.
(Sanjeeb Kumar)
Executive Director Accounts
Transformation Cell
Source: Confederation

Sunday, October 28, 2018

Government employees demand restoration of old pension scheme

Government employees demand restoration of old pension scheme

Central and state government employees protested here Sunday, demanding restoration of the old pension scheme.

Hundreds of employees staged a dharna outside the Hamirpur office of local MP Anurag Thakur and raised slogans against the new pension scheme.

The employees said if the old scheme was not restored then they would be compelled to launch a nation-wide stir.

Bikram Singh Rana, a national-level leader of the employees association, alleged the new scheme was launched to help big companies and not for the benefit of the employees and that all employees were against it.

The employees demanded all parties declare in their manifestos that the old pension scheme would be reverted back to.

Senior BJP leader Prem Kumar Dhumal, who was in Hamirpur during the dharna, addressed the employees and assured them that he would take up their issue with the central and state governments. He said their case was justified.

PTI

Grant of benefit of pay fixation at time of promotion to Postmaster Grade I

3% fitment pay benefit claim individual request letter model

Grant of benefit of pay fixation at time of promotion to Postmaster Grade I
From,
 ______________________________ ,
 ______________________________ ,
 _______________________________ ,
 _______________________________.

To,
 The Sr./Postmaster,
 __________________________ HO,
 Pincode: _____________________ .

Subject: Grant of benefit of pay fixation at time of promotion to Postmaster Grade I - reg

Reference: Directorate sanction letter No.20-27/2015-SPB-II dated at Dak Bhawan, Sansad Marg the 15th October 2018 (Published in India post official website and attached with this letter for quick reference)

Sir/Madam,
 A kind reference is invited to the above cited Dte letter, vide above reference, 3% fitment benefit of pay was allowed to Postmaster Grade I official at the time of fixation of pay on promotion to the post of Postmaster Grade I even after availing financial upgradation under MACP.

 I was awarded with MACP financial upgradation to the Grade Pay of Rs.2800 (Level -5) with effect from _________________ and I was promoted as Postmaster Grade I post (Level 5) with effect from_____________________ without any pay fixation.

 Since I was promoted to Postmaster Grade I post from the date of ___________________ , without any pay benefit, I may kindly be drawn with 3% fitment benefit of pay  from such date of PM Grade I promotion ______________________ as sanctioned by the postal directorate vide above reference please.

Place : ____________________
Date: _____________________   
Yours sincerely,

GST: Goods and Services Tax Council - Journey so far

 Ministry of Finance

Goods and Services Tax Council - Journey so far;
GST Council met 30 times, took 918 decisions since its Constitution;

96% of decisions already been implemented through 294 Notifications
28 OCT 2018
Till date, the Goods and Services Tax ( GST ) Council  has taken 918 decisions related to GST laws, rules, rates, compensation and taxation threshold etc. More than 96% of the decisions have already been implemented through 294 Notifications issued by the Central Government and the remaining are under various stages of implementation. Almost equal number of corresponding SGST Notifications have been issued by each State.

The GST Council Members under the Chairpersonship of  the Union Finance Minister have spent long hours discussing the broad contours as well as the nitty gritty of the new GST regime in a harmonious and collaborative spirit. Till now, 30 GST Council Meetings have taken place. Detailed Agenda Notes were prepared before every GST Council Meeting and discussed in the preparatory Officer’s Meeting to enable the Council Members to fully appreciate the issues under consideration. The Detailed Agenda Notes for the 30 GST Council Meetings ran into 4730 pages. The discussions in the GST Council were very detailed, reflecting the collective wisdom of the Council and this has been captured exhaustively in the Minutes of the 30 Council Meetings running into 1394 pages.

The GST Council was constituted on 15th September 2016 under Article 279A of the Constitution. It consists of the Union Finance Minister (Chairperson), Union Minister of State in charge of the Revenue or Finance and the Minister in charge of Finance or Taxation or any other Minister nominated by each State Government. Union Revenue Secretary is the ex-officio Secretary to the GST Council. The working of GST Council has ushered in a New Phase of Cooperative Federalism where the Central and the State Governments work together to take collective decisions on all issues relating to Indirect Tax regime of the country.

PIB

Saturday, October 27, 2018

Amendment to Appendix V of the Indian Railway Establishment Code Vol. I, 1985 Edition (Study Leave Rules)

Amendment to Appendix V of the Indian Railway Establishment Code Vol. I, 1985 Edition (Study Leave Rules)
Study Leave Rules (RBE No. 156/2018) -Railway Board
RBE No 156/2018
GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)
No. 2011/F(E)III/2(2)13
New Delhi, Dated: 11.10.2018.
The GMs/Principal Financial Advisers,
All Zonal Railways/Production Units,
(All per mailing list)
Sub:- Amendment to Appendix V of the Indian Railway Establishment Code Vol. I, 1985 Edition (Study Leave Rules).
In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President is pleased to direct that Appendix V of the Indian Railway Establishment Code Vol. I, (1985 Edition) (Third Re-print Edition 2008) be amended as in the Advance Correction Slip No. 134 attached.
(G. Priya Sudarsani)
Director Finance (Estt.),
Railway Board.
INDIAN RAILWAY ESTABLISHMENT CODE, VOLUME-I
FIFTH EDITION-1985 (Third Reprint Edition-2008)
APPENDIX V,
STUDY LEAVE RULES:
ADVANCE CORRECTION SLIP No.:- 134
  1. In sub-rule 5(1) of Rule 1, after the word "Government", following shall be inserted:-"(two years in case of Railway Medical Service Officer)"
  2. In sub-rule 5(ii) & (iii) of Rule 1, Rule 2(2), Rule 14(1) and each of the Forms namely Form 'A', Form Form 'C' and Form 'D' appended to study leave Rules contained in
    Appendix-V, wherever Five occurs, it shall be read as Eight.
  3. In sub-rule (3) of Rule 5, the words “and subject to the other conditions laid down in rule (8) being satisfied, draw study allowance in respect thereof” shall be omitted.
  4. Sub-rule (1) of Rule 7 shall be substituted with the following:-
    "During study leave availed outside India, a Railway servant shall draw leave salary equal to the pay that the Railway servant shall drew while on duty immediately before proceeding on such leave, in addition to Dearness Allowance and House Rent Allowance as admissible in terms of Board’s letter No. E(P&A)II-20021HRA-2 dated 19.02.2002."
  5. Sub-rule 2(a) of Rule 7 shall be substituted with the following:-
    "During study leave availed in India, a Railway servant shall draw leave salary equal to the pay that the Railway servant drew while on duty immediately before proceeding on such leave, in addition to Dearness Allowance and House Rent Allowance as admissible in terms of Board's letter No. E(P&A)II-2002/HRA-2 dated 19.02.2002.
  6. In sub-rule 2(c) of Rule 7, the words “as envisaged in sub-rule (2) of rule 8,” shall be
  7. Sub-rule 2(d) of Rule 7 shall be omitted.
  8. Rules 8, 9 & 10 shall be omitted.
  9. Rule 11 shall be substituted with the following:-
    "11. Admissibility of Allowances during study leave: Except for House Rent Allowance as admissible in terms of Board’s letter No. E(P&A)II-2002/HRA-2 dated 19.02.2002 and the Dearness Allowance, no other allowance shall be paid to a Railway servant in respect of the period of study leave granted to him."
  10. In sub-rule 1(i) of Rule 14, the words “Study Allowance” shall be omitted.
Source: Railway Board
study-leave-rules-railway-board

Friday, October 26, 2018

DoPT: Stepping up of pay-Consolidated guidelines

DoPT: Stepping up of pay-Consolidated guidelines
No.4/3/20 17-Estt(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi,
Dated the 26th October, 2018
OFFICE MEMORANDUM
Subject:- Stepping up of pay-Consolidated guidelines-reg.

The undersigned is directed to say that the issue of anomaly relating to senior Government employees drawing less pay than their juniors due to application of provisions of FR 22(I)(a)(1) is considered on merits for allowing stepping up pay of the seniors so as to bring it at par with that of the junior in accordance with the guidelines scattered in various OMs noted in the margin. A need has been felt to consolidate guidelines on stepping up of pay at one place keeping in view the provisions of the Central Civil Services (Revised Pay) Rules, 2016, [in short CCS(RP)Rules, 2016] as the frequent references on such issues continue to be received in this Department.

2. Consequent upon implementation of CCS(RP)Rules, 2016, the President is pleased to decide the following:

(i) In order to remove the anomaly of a Government servant promoted or appointed to a higher post on or after 1-1-2016 drawing lower pay in that post than another Government servant junior to him in the lower grade and promoted or appointed subsequently to another identical post, the pay of the senior Government servant in the higher post should be stepped up to a figure equal to the pay as fixed for the junior Government servant in that higher post. The stepping up should be done with effect from the date of promotion or appointment of the junior Government servant and will be subject to the following conditions, namely:
(a) both the junior and the senior Government servants should belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the Level in the Pay Matrix of the lower and higher posts in which they are entitled to draw pay should be identical;

(c) the anomaly is directly as a result of the application of the provisions of Fundamental Rule 22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016. For example, if the junior officer was drawing
more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this subrule should not be invoked to step up the pay of the senior officer.

(ii) The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Fundamental Rule 27 and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.

3. The following instances/events wherein juniors draw more pay than seniors, do not constitute anomaly and, therefore, stepping up of pay will not be admissible in such events:

(a) Where a senior proceeds on Extra Ordinary Leave which results in postponement of his Date of Next Increment in the lower post and consequently he starts drawing less pay than his junior in the lower grade itself. He, therefore, cannot claim pay parity on promotion even though he may be promoted earlier to the higher grade than his junior(s);

(b) If a senior forgoes/refuses promotion leading to his junior being promoted/appointed to the higher post earlier and the junior draws higher pay than the senior.

(c) If the senior is on deputation while junior avails of the ad-hoc promotion in the cadre, the increased pay drawn by the junior due to ad-hoc/officiating and/or regular promotion following such adhoc promotion in the higher posts vis-à-vis senior, is not an anomaly in strict sense of the term;

(d) If a senior joins the higher post later than the junior, for whatsoever reasons, whereby he starts drawing less pay than the junior. In such cases, senior cannot claim stepping up of pay at par with that
of his junior.
(e) If a senior is appointed later than the junior in the lower post itself whereby he is in receipt of lesser pay than the junior, in such cases also the senior cannot claim pay parity in the higher post if he draws less pay than his junior though he may have been promoted earlier to the higher post.

(f) Where an employee is promoted from lower post to a higher post, his pay is fixed with reference to the pay drawn by him in the lower post under FR22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016 and due to his longer length of service in the lower grade, his pay may get fixed at a higher stage than that of a senior direct recruit appointed to the same higher grade and whose pay is fixed under different set of rules. For example a Senior Secretariat Assistant (SSA) on promotion to the post of Assistant Section Officer (ASO) gets his pay fixed under FR 22(I)(a)(1) with reference to the pay drawn in the post of SSA, whereas the pay of ASO(DR) is fixed under Rule 8 of CCS(RP)Rules, 2016 at the minimum pay or the first Cell in the Level, applicable to ASO to which he is appointed. In such a case, the senior ASO (DR) cannot claim pay parity with that of the promotee junior ASO.

(g) Where a senior is appointed in higher post on ad-hoc basis and is drawing less pay than his junior who is appointed in the same cadre and in same post on ad-hoc basis subsequently, the senior cannot claim pay parity with reference to the pay of that junior since the ad-hoc officiating service in higher post is reversible and also since full benefits of FR22(I)(a)(I) are not available on ad-hoc promotion but only on regular promotion following such ad-hoc promotion without break.

(h) Where a junior gets more pay due to additional increments earned on acquiring higher qualifications.
Note: The above instances/events are only illustrative and not exhaustive.

4. These orders shall be in supersession of D/o Expenditure’s OM No.F.2(78)-E.III(A)63 dated 2nd February, 1966 and DOP&T’s OM No.4/7/92-Estt(Pay-I) dated 4th November, 1993.

5. This OM is effective from 0 1.01.2016.

6. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India.

7. Hindi version will follow.
sd/-
(Rajeev Bahree)
Under Secretary to the Government of India.
View Order
Source: https://dopt.gov.in/

Clarification regarding opening of Sukanya Samridhi Yojana Account(SSA) received from the customers

Clarification of opening Sukanya Samridhi Yojana Account (SSA)

F.No.1/3/2018-NS
Ministry of Finance
Department of Economic Affairs
(Budget Division)
North Block, New Delhi
Dated : 06.08.2018
Office Memorandum

Subject: Clarification regarding opening of Sukanya Samridhi Yojana Account(SSA) received from the customers- reg.

The undersigned is directed to refer to 116-57/2016-SB dated 12.07.18 on the subject mentioned above and to state that the eligibility condition for a girl child to be a beneficiary under the SSA is that she must be a Citizen of India as well as a Resident Indian under the Income Tax Act, 1961. Any girl child meeting the above requirements may be treated as eligible for the purpose of opening an account under SSA.

2. This has the approval of competent authority.
(Padam Singh)
Regional Director (Sr.)
Tele - 01123095155
Assistant Director (SB-I)
Department of Posts,
F.S. Division,
Ministry of Communication,
Dak Bhawan
New Delhi.

Simplification of pension payment procedure- Submission of certificates by retiring Armed Forces Personnel along with pension papers

Pension payment procedure & Submission of certificates by retiring AFP along with pension papers

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD-211014

Circular No. 606
Dated: 24.09.2018
To,
The O I/C
Records/PAOs (ORs)

Subject:- Simplification of pension payment procedure - Submission of certificates by retiring Armed Forces Personnel along with pension papers.

Reference:- Circular No. 546 dated 10.09.2015.

Reference is invited to para-3 of GoI, MoD letter NO. 3(1)/2015-D(Pen/Pol) dated 25.08.2015 under which it has been decided by the Government that the required undertaking /status of non re-employment /employment after retirement may be obtained by the Record Offices/Head of Offices from the retiring Defence Personnel along with other documents before his retirement.

2. The undertaking regarding recovery of overpayment, non re-employment/ employment certificate alongwith the Descriptive Roll of the retiring JCO/OR or family pensioner in case of death, shall be forwarded to the Pension Disbursing Agencies along with Pension Payment Order by the Record Office concerned following the laid down procedure. In case of pensioner drawing Pension from agencies other than bank viz Defence Pension Disbursing Office/Treasury Office etc. a copy of cancelled cheque obtained from retiring personnel shall also be forwarded by the Record Office along with Pension Payment Order to the Pension Disbursing Agencies to ensure payment of pension into the pensioners’ account.

3. Of late, it has been brought to the notice of competent authority by the banking authorities that required undertaking regarding recovery of overpayment/ non re-employment/employment certificates are not being forwarded to the banks/ PDAs along with Descriptive Roll & PPO for payment of first pension as stated above, resulting in undue delay in first payment of pensionary award.

4. Therefore, it is advised that, to ensure the prompt and timely payment of pension, required undertaking regarding recovery of overpayment and non re­employment/employment certificates after retirement along with Descriptive Roll and PPO may be forwarded to Banks/PDAs for payment of first pension. Specimen copy of undertaking regarding recovery of overpayment & non re-employment/employment certificates are enclosed for reference.

5. This circular has been uploaded on this office website www.pcdapension.nic.in.
(Sushil kumar Singh)
(Jt. CDA(P)
Specimen copy & non re-employment/employment certificates attached here

Thursday, October 25, 2018

Payment of DA to the CPA pattern employees of CPSEs on 6th CPC pay scales governed by HPPC recommendations w.e.f. 01.07.2018

DA Payment to the employees(CPA) pay scales of CPSEs governed by HPPC recommendations - 6th CPC

F. No 2(54)/08-DPE (WC) GL-XXVII/18
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises
Public Enterprises Bhawan,
Block 14, CGO Complex, Lodi Road,
New Delhi- 110003, the 23rd October, 2018

OFFICE MEMORANDUM
Subject: Payment of DA to the CPA pattern employees of CPSEs on 6th CPC pay scales governed by HPPC recommendations w.e.f. 01.07.2018.

The undersigned is directed to refer to Para No. 2 and Annexure-111 to this Department’s O.M. dated 14.10.2008 wherein the rates of DA payable to the employees of CPSEs who are following CDA pattern pay scales had been indicated.

2. The DA payable to the employees may be enhanced from the existing rate of 142% to 148% with effect from 01.07.2018.

3. The payment of Dearness Allowance involving fractions of 50 paise and above may be rounded off to the next higher rupee and the fractions of less than 50 paise may be ignored.

4. These rates are applicable in the case of CDA employees whose pay have been revised with effect from 01.01.2006 as per DPE O.M. dated 14.10.2008.

5. All administrative Ministries/Departments of Government of India are requested to bring this to the notice of Central Public Sector Enterprises under their administrative control for action at their end.
(Samsul Hague)
Under Secretary

Payment of DA to the CPA pattern employees of CPSEs on 5th CPC pay scales governed by HPPC recommendations w.e.f. 01.07.2018

DA payment to the employees(CPA) of CPSEs governed by the recommendations of HPPC - 5th CPC

No. 2(42)/97-DPE (WC) - GL-XXVIII/18
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises
Public Enterprises Bhawan,
Block 14, CGO Complex, Lodi Road,
New Delhi-110003, the 23rd October, 2018
OFFICE MEMORANDUM
Subject: Payment of DA to the CPA pattern employees of CPSEs on 5th CPC pay scales governed by HPPC recommendations w.e.f. 01.07.2018-reg.

The undersigned is directed to refer to Para No. 2 and Annexure-III to this Department’s O.M. dated 24.10.1997 wherein the rates of DA payable to the employees of CPSEs following CDA pattern pay scales, who are governed by HPPC recommendations had been indicated.

2. In continuation of this Department’s OM of even number dated 04.04.2018, the rates of Dearness Allowance payable to the employees of CPSEs governed by the recommendations of HPPC, which have not revised their pay scales in terms of DPE O.M. No. 2(54)/2008-DPE(WC) dated 14.10.2008 may be as follows:-
a) In case of CPSEs who have not allowed the benefit of merger of 50% of DA with basic pay as contained in DPE O.M. dated 24.05.2005 to their employees, the DA payable maybe enhanced from existing rate of 324% to 334% w.e.f. 01.072018.

b) In case of CPSEs who have allowed the benefit of merger of 50% of DA with basic pay as contained in DPE O.M. dated 24.05.2005 to their employees.. the DA payable may be enhanced from existing rate of 274% to 284% w.e.f. 01.07.2018.
3. The payment of Dearness Allowance involving fractions of 50 paise and above may be rounded off to the next higher rupee and the fractions of less than 50 paise may be ignored.

4. All administrative Ministries/Department of Government of India are requested to bring the foregoing to the notice of the Central Public Sector Enterprises under their administrative control for action at their end.

(Samsul Haque)
Under Secretary

Renewal of Medical Insurance Scheme for Retirees as agreed vide Bipartite Settlement/Joint Note Dated 25th May, 2015

Renewal of Medical Insurance Scheme - IBA Circular dt. 10.10.2018 

Renewal of Medical Insurance Scheme for Retirees as agreed vide Bipartite Settlement/Joint Note Dated 25th May, 2015

Indian Banks' Association
HR & INDUSTRIAL RELATIONS

No. CIR/HR&IR/BRK/2018-19/6037
9th October 2018
CEOs of All member banks party to 10th Bi-partite Settlement/Joint Note dated 25.5.2015
Dear Sir/Madam,
Renewal of Medical Insurance Scheme for Retirees as agreed vide Bipartite Settlement/Joint Note Dated 25th May, 2015
We invite your attention to our letter CIR/HR&IR/2015-16/XBPS/J/1413 dated 1st October, 2015, in terms of which banks were advised to extend the Group Medical Insurance Scheme to retirees also subject to payment of stipulated premium by them. Said Scheme is optional for retirees.
  1. Thereafter, the Policy has been renewed for the year 2016-17 & 2017-18 and the current Policy is expiring on 31.10.2018.
  2. IBA vide its letter 16th July, 2018 called quotes from all Public Sector Insurance Companies and SBI General Insurance Co., who were the co-insurer of the existing Policy.
  3. In response to our letter Oriental Insurance Co., National Insurance Co., & SBI General Ins. Co. did not submit any quote for the Retirees policy. United India Insurance Co. & New India Assurance Co. submitted quotes as per Table below :-
Retirees option 1(Without Domiciliary)Retiree option 2(With Domiciliary)
2018-19 (Proposed for renewal)Award staffOfficerAward staffOfficer
UIIC21,97329,29557,39176,516
New India Insurance23,00030,50058,50077,500
  1. As there was a proposed hike of 110% & 144% in the quotes for renewal of the Medical Insurance Policy without domiciliary and with domiciliary respectively, the matter was immediately taken up with UIIC who was L1 to re-examine and reduce the same.
  2. With great persuasion and concerted effort made by the IBA, UIIC has revised the quote vide its letter dated 6.10.2018.
  3. On the suggestions made by UFBU, UIIC gave option for sum insured i.e. Rs. 4 laksh / Rs. 3 Lakhs for Officers & Rs.3 Lakhs/ Rs. 2 Lakhs in case of Workmen. The insurance premium increase now quoted by UIIC after revision is 75% (earlier 110%) for without domiciliary and 123% (earlier 144%) with domiciliary (Annexure I)
  4. Since, the Medical Insurance Policy for Retired Officers/Employees is optional, we request all the member banks to seek consent and collect premium from the interested retiree Officers/Employees as per the option chosen by them for renewal of the Policy with UIIC, with the same terms and conditions mentioned in the aforesaid letter of UIIC.
  5. However, Banks are free to take up the Policy renewal by seeking quotes from any other Insurance Companies if the Banks decides to do so at their level.
  6. We once again advise that as mentioned in our letter dated 7th June, 2018, banks may require to allocate some separate manpower to address claims by following up directly with TPAs/Insurance Cos as the services of broker are not available.
  7. We enclose the revised premium quote received from UIIC (Annex II) for your ready reference.
Yours faithfully,
B Raj Kumar

Deputy Chief Executive
Annexure I
Retirees Policy Renewal Quotes***Renewal Quote provided by UIIC vide letter 2.7.18Final Quotes received from UIIC vide letter dated6.10.18 after rigorous persuasion by IBA**
Without Domiciliary (Rs.)With Domiciliary (Rs.)Without Domiciliary (Rs.)With Domiciliary (Rs.)
Officers (Sum Insured Rs. 4 Lakhs)29295(110%)*76516 (144%)*24400 (75%)*69808 (123%)*
Award Staff (Sum Insured Rs. 3 Lakhs)21973(110%)*57931 (144%)*18301 (75%)*52359 (123%)*
*** Above Quotes are exclusive of GST
** The Room Rent has been revised to Rs. 4000 perday
* Premium Increase over Previous Year i.e. 2017-18

Source: http://www.iba.org.in/

Wednesday, October 24, 2018

Grant of 10 days Casual Leave to those Civilian Employees under Defence Establishments who are not entitled to 17 Holidays per calendar year

10 Days CL for Defence Civilian Industrial Employees

Grant of 10 days Casual Leave to those Civilian Employees under Defence Establishments who are not entitled to 17 Holidays per calendar year

Government of India
(Department of Defence)
Ministry of Defence
D(Civ.II)

Sub : Grant of 10 days Casual Leave to those Civilian Employees under Defence Establishments who are not entitled to 17 Holidays per calendar year

Reference MoD ID No 01(02)/2018/D(Civ-II) dated 21st March 2018 on the above-mentioned subject.

2. The matter has been further examined and it has been decided with the competent authority to extend the provision of 10 days casual Leave in terms of Para 9 of the Appendix -III of the CCS (Leave Rules) 1972 to Industrial Employees who are entitled to 16 Holidays in a year
(Dalpat Singh)
Under Secretary to the Govt of India
Os/Admin, Ordnance Factory Board,
10 A, S.K. Bose Road, Kolkata-700001
casual-leave-17-holidays-defence

Implementation of Hon’ble Supreme Court Order dated 27.09.2018 in Contempt No.1860/2017 and 924/2018 and MA No. 1067/2018 in Civil Appeal No.2147/2011 with Contempt Petition (C) No.04/2018 in SLP(C) No.19790/2010 for grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964

Supreme Court Order in respect of grant of Special Pension - DESW Order dt. 22.10.2018
Implementation of Honourable Supreme Court Order dated 27.09.2018 in respect of grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964. Dated 22.10.2018.

No.4(10)/2017-D(Pen/Legal)
Government of India
Ministry of India
Department of Ex-Servicemen Welfare
D(Pension/Legal)
Sena Bhawan, New Dehi
Dated 22.10.2018
To
The Chief the Naval Staff

Subject: Implementation of Hon'ble Supreme Court Order dated 27.09.2018 in Contempt No.1860/2017 and 924/2018 and MA No. 1067/2018 in Civil Appeal No.2147/2011 with Contempt Petition (C) No.04/2018 in SLP(C) No.19790/2010 for grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964.

Sir,
I am directed to refer the cited Hon'ble Supreme Court Order dated 27.09.2018 and convey sanction of the Competent Authority for grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964 to the ex-sailors appointed prior to 03.07.1976 and discharged on or after 03.07.1976 on expiry of 10 years of service.

2. The amount of pension payable is Rs.9000 (Rupees Nine thousand) per month to each of the ex-sailors under Regulation 95 Navy (Pension) Regulations, 1964, payable September 2018 as per the Court Order under reference.

3. The amount of gratuity and DCRG paid, be adjusted the amount payable. Necessary PPO may be issued immediately.

4. The expenditure incurred on this account will be paid under Charged Expenditure and be debited to the relevant Head of Account.

5. This issues with concurrence of Ministry Defence vide their U.O. No. 1023/Fin/Pen Dated 17.10.2018.

6. Govt of India, Ministry of Defence letter No. 4(10)/2017-D (Pen/Legal) dated 26th September, 2017 may be treated as cancelled.
Yours faithfully,
sd/-
(Ajay Kumar Agrawal)
Under Secretary to the Govt of India
View order
Source: http://www.desw.gov.in

7th CPC CGHS Contribution - Revised Table

7th CPC CGHS Contribution - Revised Table
The new contribution rates has been revised from 1st February 2017 after implementation of 7th Pay Commission.
7th CPC Pay
Matrix Level
Contribution (Rs.)Annual Contribution (Rs.)
Level - 12503,000
Level - 22503,000
Level - 32503,000
Level - 42503,000
Level - 52503,000
Level - 64505,400
Level - 76507,800
Level - 86507,800
Level - 96507,800
Level - 96507,800
Level - 106507,800
Level - 116507,000
Level - 12 & Above1,00012,000

Tuesday, October 23, 2018

Revision of disability pension and family pension under CCS(EOP)Rules to pre 1996 and pre-2006 disability pensioners and family pension under CCS (EOP) Rules

Revision of disability pension and family pension under CCS(EOP)Rules - inclusion of NPA
No.1/6/2017-P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003,
Dated the 10th October 2018
OFFICE MEMORANDUM
Subject: Revision of disability pension and family pension under CCS (EOP) Rules to pre 1996 and pre-2006 disability pensioners and family pension under CCS(EOP)Rules - inclusion of Non-practicing Allowance (NPA) for revision or disability pension and family pension covered under CCS(FOP) Rules to retired medical Officers - regarding

The undersigned is directed to say that orders were issued vide this Department’s OM No 45122/1997-P&PW (C) dated 11.9.2001 for revision of disability pension/Family pension under CCS(E0P)Rules in respect of Pre-1996 pensioners. These orders inter-alia provided for revision of Pension of Pre-1996 Disability Pensioners and family pensioners under EO.P Rules on the basis of the minimum basic pay in the revised pay scale applicable w.e.f 1 1.1996.

2. Vide this Department's OM No. 45/3/2008-P&PW(F) dated 30.9.2010, as amended vide OMs dated 20.11.2014, 29 4.2016 and 8.8.2016, orders were issued for revision of pre-2006 Disability Pensioners and family pensioners under EOP Rules on the basis of the minimum of the pay in the pay band plus grade pay or minimum of pay in the revised scare of pay applicable from 1.1.1996 corresponding to the pay scale from which the pensioner had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No. 1/1/2008-IC dated 30/8/2008.Revision of disability pension and family pension under CCS(EOP)Rules - inclusion of NPA

3, In implementation of the judgment dated 27.11.2013 of Hon'ble Supreme Court in CA No. 10640-36 of 2013 and other connected matters, orders were issued. vide this Department's OM No. 38/31/2011-P&PW (A) (Vol.IV) dated 14.10.2014 that in the case of Pre-1996 retired Medical Officers, NPA at the rate of 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to pre-1996 pay scales from which the pensioner has retired in cases where consolidated pension/family pension was to stepped up based on minimum of revised pay scales.

4. Similarly, orders were issued vide OM NO.38/31/2011-P&PW(A) (Vol-IV) dated the 18th February, 2015 that in the case of pre-2006 retired Medical Officers, NPA @ 25% would be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above ) as on 01.01.2006 corresponding to the pre-revised pay scales from which they retired in case where pension / family pension is to be stepped up to 50% / 30% of the minimum pay respectively

5. It is hereby clarified that for the purpose of revision of Disability Pension/family pension of the pre 1996 pensioners under CCS(EOP) Rules also, NPA at the rate of 25% shall be added .to the minimum of the pay in the revised scale of pay on 01,01.1996 corresponding to the Pre 1996 pay scales in respect of the retired Medical Officers. Similarly, for the purpose of revision of Disability pension/Family pension of pre-2006 pensioners under CCS(EOP)Rules, NPA @25% shall be added to the minimum of the pay in the pay band plus Grade pay or minimum of the pay in the revised pay scale applicable from 01.01.2006 corresponding to the pay scale from which the pensioner retired.

6. The emoluments (minimum pay + NPA) to be reckoned for calculation of the Disability Pension/Family pension in terms of the above provisions would not exceed Rs. 30,000/- w.e.f 1.1,1996 and Rs.85,000 w.e.f 1.1.2006.

7. The other terms and conditions stipulated in this Department’s OM No. OM No. 45/22/1997-P&PW (C) dated 11.9.2001 and OM No 45/3/2008-P&PW(F) dated 30,9.2010, 20.11.2014, 29.4.2016 and 8.8.2016 shall remain unchanged.

8. This issues with the approval of Ministry of Finance, Department of Expenditure vide their ID No.1(3)/E-V/2018 dated 08.08.2018

(Sujasha Choudhury)
Director

Transfer on deputation/foreign service of Central Government Employees to ex-cadre posts under the State Governments/ Union Territories or to any entity controlled by and located in the States /UTs - relaxation of para 8.5 of O.M. dated 17.6.2010

Transfer on deputation/foreign service of Central Government Employees - DoPT Orders dt.18.10.2018

Transfer on deputation/foreign service of Central Government Employees to ex-cadre posts under the State Governments/ Union Territories or to any entity controlled by and located in the States /UTs
F.No.2/15/2017-Estt.(Pay-II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
Dated: 18th October, 2018
OFFICE MEMORANDUM

Subject : Transfer on deputation/foreign service of Central Government Employees to ex-cadre posts under the State Governments/ Union Territories or to any entity controlled by and located in the States /UTs - relaxation of para 8.5 of O.M. dated 17.6.2010.

This Department's OM No. 6/8/2009-Estt.(Pay-II) dated 17th June, 2010 regulates Pay, Deputation (Duty) Allowance, Tenure of Deputation / Foreign Service and other terms and conditions on the subject of deputation / foreign service of Central Government employees to ex-cadre posts under the Central Government, State Governments, Public Sector Undertakings, Autonomous
Bodies, Union Territories Administration, local Bodies etc and vice-versa. Subject to its applicability as provided in para 2 of the OM, these instructions cover cases of deputation/foreign service where Central Government is either lending authority or borrowing authority or both.

2. As per para 8.5 of the aforesaid OM, a Central Government employee shall be eligible for deputation / foreign service to posts in State Government / State Government Organisations/Governments of UTs / Government of UT's Organisations / Autonomous Bodies, Trusts, Societies, PSUs etc. not controlled by the Central Government only after he has completed 9 years of service and is clear from vigilance angle.

3. As per para 10 of the aforesaid OM, any relaxation of these terms and conditions will require the prior concurrence of the Department of Personnel & Training.

4. Various administrative Ministries / Departments / Borrowing Organisations have been approaching this Department for relaxation of the eligibility condition of minimum 9 years of service for proceeding on deputation / foreign service, on case to case basis, citing exigencies, quoting provisions of para 10 of the OM dated 17.06.20 10.

5. The matter has been considered in this Department and it has been decided that Ministries/Departments may consider and allow relaxations to para 8.5 of the OM dated 17.06.2010
with the approval of their Minister-in-charge in following category of cases:-
a) A Central Government employee after completion of 7 years of service in his/her cadre, may be allowed to go on deputation to any State of North Eastern Region and Jammu and Kashmir and Union Territories of Andaman & Nicobar and Lakshadweep or on foreign service to any entity controlled by and located in the said States/ Union Territories.

b) Central Government employees may be allowed to go on deputation to State Governments /Union Territories or on foreign service to any entity controlled by and located in the States/ Union Territories on spouse ground after completion of 6 years of service in the cadre.
6. The cases not covered by above dispensation will not be considered for relaxation. All other terms and conditions issued vide OM No. 6/8/2009-Estt.(PayII) dated 17th June, 2010 as amended from time to time will remain unchanged.

7. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.

8. These orders shall come into effect from the date of issue of this OM.
sd/-
(A.K. Jaii
Deputy Secretary to the Govt. of India
Source: https://dopt.gov.in/

Revision of pension in respect of Personnel below Officer Rank (PBOR) discharged prior to 01.01.2006

Pension Revision for PBOR - PCDA Circular 607

Revision of pension in respect of Personnel below Officer Rank (PBOR) discharged prior to 01.01.2006

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014
Circular No. 607
Dated: 01/10/2018
To,
1.The Chief Accountant, RBI, Deptt. Of Govt, Bank Accounts, Central Office C-7,Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai- 400051
2. All CMOs,Public Sector Banks.
3. The Nodal Officers, ICICI/HDFC/AXIS/IDBIBanks
4. All Managers, CPPCs
5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal
6. The PCDA(WC),Chandigarh
7. The CDA (PO),Meerut
8. The CDA Chennai
9. The Director of Treasuries, All States
10.The Pay and Accounts Officer, Delhi Administration, R K Puram and Tis Hazari, New Delhi.
11.The Pay and Accounts Office, Govt of Maharashtra, Mumbai
12.The Post Master Kathua (J&K) and Camp Bell Bay.
13. The Principal Pay and Accounts Officer Andaman and Nicobar Administration Port Blair.

Subject:- Implementation of Govt. decision on the recommendation of the Cabinet Secretary's Committee - Revision of pension in respect of Personnel below Officer Rank (PBOR) discharged prior to 01.01.2006.

Reference:- Circular No. 430 dated 10.03.2010.

Complaints/representations are being received in PSAs regarding revision of pension w.e.f. 01.07.2009 by various PDAs in respect of three trades of Air Force viz. ACH GO, Catering Assistant and MT Driver in Group Z instead of Group Y inspite of up gradation of these trades w.e.f. 10.10.1997.

2. Now, it has been decided by the competent authority vide MoD letter no. 1(4)/2012/D(Pension/Policy) dated 08.03.2018 that revision of pension of under mentioned trades be carried out as per pension revision tables meant for Group Y under Ministry's letter no. PC 10(1)/2009-D(Pen/Pol) dated 08.03.2010.

TRADE
ACH GO, Caterin Asst. And MTD

w.e.f. 10.10.1997
Pay Group IV equated to Group Y

3. In view of above, it is requested that such type of cases where PDAs are unable to revise pension due to change of group of trades, the same may be referred to the PSAs concerned through Record Office (who in turn will provide certificate/document showing trade of individual at the time of entry and also at the time of discharge) so that Carr. PPO, if necessary, may be issued in case to case basis.

4. All other terms and conditions shall remain unchanged.

5. The above amendments shall take effect from date of implementation of their respective orders. Arrears in affected cases shall be released by the Pension Disbursing Agencies.

6. This circular has been uploaded on this office website www.pcdapension .nic.in for dissemination across the all concerned.
sd/-
(Sushil Kumar Singh)
(Jt. CDA(P)
View order
Source: http://pcdapension.nic.in

Clarification on modalities of transfer of the NPS contribution to casual labourer with temporary status to their GPF accounts.

Clarification on modalities of transfer of NPS - DoPT Orders dt. 11.10.2018

No.49014/2/2014-Estt.(C)-PT.I
Government of India
Ministry of Personnel, PG and Pensions
Department of personnel & Training
North Block, New Delhi
Dated: 11th October, 2018
OFFICE MEMORANDUM

Subject: Clarification on modalities of transfer of the NPS contribution to casual labourer with temporary status to their GPF accounts.

The undersigned is directed to refer to this Department's 0M No.51016/2/90-Estt (C) dated the 10th September, 1993 vide which a scheme for grant of temporary status to the casual employees was framed. The scheme applied to those casual labourers who were in employment on the date of the issue of the 0M and had rendered one year of continuous service in Central Government offices, which meant that they must have been engaged for a period of at least 240 days (206 days in the of offices observing days week). The scheme did not apply to Departments of Telecom & posts and Ministry of Railways.

2. As the scheme, after rendering three years' continuous service after conferment of temporary status, the casual labourers were to be treated at par with temporary Group 'D' employees for the purpose of contribution to the General Provident Fund. Further, after their regularisation, of the service rendered under temporary status was to counted for of retirement benefits.

3. As per para 8 of the scheme, two out of every three vacancies in Group 'D' in respective offices where the casual labourers had been working was to be filled up as per extant recruitment rules and in accordance with the instructions issued by Department of Personnel and Training from amongst casual workers with temporary status. However, regular Group 'D' staff rendered surplus for any reason would have prior claim for absorption against existing/future vacancies.

4. Vide the O.M. No.49014/1/2004 -Estt.(C) dated the 26th April, 2004, the above scheme was reviewed in light of introduction of New Pension Scheme in respect of appointed to the Central Government service on or after 1.1.2004. These casual labourers with temporary Status were now to be considered under the NPS and their underlying amount in GPI was credited to them.

5. The 0M dated 26th April, 2004 was quashed by various benches of CAT/High Courts who had decided that the scheme could not modified retrospectively.

6. The position was reviewed in the light of the Court judgements in consultation with the Department of Expenditure. It was then decided vide this Department's O.M. No. 49014/2/2014- Estt(C) dated 26.02.2016 and 0M. No. dated 28.07.2016 that the casual labourers who had been granted temporary status under the scheme, and have completed 3 years of continuous service after that were entitled to contribute to the General Provident Fund. It was also decided that of the service rendered under temporary status would be counted for the purpose of retirement benefits in respect of those casual labourers who have been regularised in terms of para 8 of the 0M dated 10.09. 1993. This was applicable to all casual labourers covered under the scheme Of 1993 whether they were regularised before or after 31.12.2003.

7. It was emphasised that the benefit of temporary status is available only to those casual labourers who were in employment on the date of the issue of the 0M dated 10th Septetmber, 1993 and were otherwise eligible for it. No grant of temporary status is permissible after that date. The employees erroneously granted temporary status between 10.09.1993 and the date of Hon'ble Supreme Court judgement in Union Of India And Anr vs Mohan Pal. 2002 (3) SCR 613, delivered on April, 2002, will however be deemed to have covered under the scheme of 10.09.93.

8. Subsequent to the issue of this Department's O. M. 49014/2/2014-Esst(C) dated 26.02.2016 and O.M. No. 49014/2/2014-Estt(C) dated 28.07.2016 several Ministries/ Departments were seeking clarifications as regards to the modalities of transfer of the amount lying in the NPS account to the GPF account of these casual labourers. The matter has been examined in consultation with D/o Pensions & Pensioners' Welfare, D/o Financial Services and D/o Expenditure.

9. D/o Pension and Pensioners' Welfare have clarified/ stated that the employees' share or the NPS subscription with interest should withdrawn and deposited in the GPE accounts if these CL-TS regularized after 31.12.2003 and the Government share with interest accrued under NPS should be deposited in Government's account.

10. Controller General of Accounts (CGA) have furnished following clarifications vide letter No. dt 11.03.2016 on a similar matter which are as under:
(i) Adjustment of Employees contribution in Accounts:- Amount may be credited to individual GPF Account and the account may he recasted permitting up-to-dare interest (Authority-FR-16 & Rule / of GPF Rules)

(ii) Adjustment Of Government contribution under NPS in Accounts. TO be accounted for as (-) Dr. to object heads Recoveries under major Head 2071- Pension and Other Retirement benefit-Minor Head 911- Deduct Recoveries Of over payment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts)

(iii) Adjustment of increased value of subscription on account of appreciation of investment- may be for crediting the amount Govt. account under Contribution towards pensions and other Retirement Benefits 800- Other Receipts (Note under the above Head in LMMHA).
11. The principle underlying the consideration of the case of CL(TS) is that Casual labourers Who were covered under the scheme Of 1993 and have been regularised in terms Of the above scheme were entitled to GPF and Old Pension scheme even if they were regularised after 31.12,2003.

12. Furthermore. as per Dio Expenditure/CGA, if the kr•nefits under old pension scheme are to allowed to a retired employee, who had contributed towards NPS at any stage. the entire NPS accumulations i.e. employee's contribution + Government's matching contribution + appreciation thereon should be remitted into the accredited bank of the PAO concerned and the accounting procedure will be same in this case as prescribed at par 10 above.

13. All Ministries/Departments are requested to settle the matter explained amve If any further clarification is needed in the matter, they should approach CGA (Controller General of Accounts) directly, since CGA is the accounting agency and is competent to clarify the matter.
sd/-
(N.Sriraman)
Director (Establishment)
Source: https://dopt.gov.in/

How to Calculate Pay for Defence Personnel? Formula for Fixation of Pay

How to Calculate Pay for Defence Personnel? Formula for Fixation of Pay

Formulae for Fixation of Pay from 3rd CPC to 4th CPC
If 20% x of B.P (3rd CPC)Value is less than 75 then
B.P+ D.A + A.D.A + ad hoc DA + IR-1 & IR-2 + 75 = 4th CPC Basic Pay
Otherwise,
B.P + D.A + A.D.A+ ad hoc DA + IR-1 & IR-2+ + 20% of B.P= 4th CPC Basic Pay

Formulae for Fixation of Pay from 4th CPC to 5th CPC.
2.98 x (4th CPC B.P) + 100 = 5th CPC Basic P

Formulae for Fixation of pay from 5th CPC to 5th CPC (10-10-1997)
As per change of scale if occur.

Formulae for Fixation of Pay from 5th CPC to 6th CPC
a. As per Appendix G to S NI 01/S/2008
b. For X Group personnel add X Group Pay

Formulae for Fixation of Pay from 6th CPC to 7th CPC
As per Pay Matrix of 7th CPC

Monday, October 22, 2018

Good News: Senior Citizen Concession - AIR INDIA

Good News for Senior Citizen Concession - AIR INDIA

Senior Citizen Concession
Eligibility:A Senior citizen of Indian Nationality, permanently residing in India and should have attained the age of 60 years on the date of commencement of journey.
Required Documents:Any valid Photo ID with date of birth e.g., Voter's ID card, Passport, Driving license, senior citizens ID card issued by Air India etc .
Discount:50% of Basic fare on select booking classes in Economy cabin.
Travel:Any sector within India.
Ticket Validity:1 Year from date of issue
Advance Purchase:Ticket to be purchased 7 days before departure
Children:No discount applies.
Infant:(Under 2 years) 1st accompanying Infant - Rs.1000 per coupon, Plus applicable taxes. 2nd and more Infants, no discount permissible.
Date/Flight change, Cancellation & Refund:Permitted - Fee applies
In case the relevant ID / documents are not presented at the time of check in or at the boarding gate, the basic fare will be forfeited and the tickets will become non refundable (only taxes & levies will be refunded). Boarding will be denied if the identity
proof is not provided at the time of check in and at the boarding gate.
Source: Air India

Important Central Administrative Tribunal (CAT) Judgement

Important Central Administrative Tribunal (CAT) Judgement 

Central Administrative Tribunal
Principal Bench
New Delhi

OA No.571/2017
Order Reserved on: 13.02.2018
Pronounced on: 17.04.2018
Hon'ble Mr. K.N. Shrivastava, Member (A)
G.C. Yadav,
S/o late Kamal Singh Yadav,
(aged about 61 years)
(retired as Deputy Secretary)
R/o H.No.1627/3, Lane No.6,
Rajiv Nagar, Mata Road,
Gurugram-122001.
- Applicant
(By Advocate Shri L.R. Khatana)
-Versus-
1. Union of India
Through Secretary to the Govt. of India,
Ministry of Home Affairs,
North Block, New Delhi-110001.

2. Secretary to the Govt. of India,
Department of Pension & Pensioners' Welfare,
Ministry of Personnel, Public Grievances & Pensions,
North Block, New Delhi-110001.

3. Secretary to the Govt. of India,
Department of Personnel & Training,
Ministry of Personnel, Public Grievances & Pensions,
North Block, New Delhi-110001.
-Respondents
(By Advocate Shri N.D. Kaushik)
(OA No.571/2017)
O R D E R

The applicant retired from the post of Deputy Secretary in the Ministry of Home Affairs, Government of India with effect from the afternoon of 31.12.2015 on attaining the age of superannuation. His date of birth is 01.01.1956. He has been deprived of the benefits of 7th Central Pay Commission's recommendations, which came into effect w.e.f. 01.01.2016 on the ground that he retired prior to that date i.e. 31.12.2015.

2. The applicant submitted his representation dated 14.12.2015 (Annexure A-4 colly.) to the Secretary, Department of Personnel & Training (DoP&T) (respondent no.3) stating therein that he would cease to be a Government servant in the midnight of 31.12.2016 and thus acquired the status of a pensioner in the forenoon of 1st January, 2016. Hence, he is entitled to all the pensionary benefits viz. gratuity, fixation of pay/pension as per 7th Central Pay Commission’s recommendations. The representation dated 14.12.2015 of the applicant was forwarded by the Additional Secretary (S&V), DoPT to the Joint Secretary, Pension, Department of Pension and Pensioner's Welfare (DoP&PW) vide letter dated 29.02.2016. The relevant portion of  the said letter is extracted below:
"2. In his representation, Shri Yadav has contended that the pensionary benefits accrue to a person when he acquires the status of Pensioner. As per the judgment of the Hon'ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 2015 were in Government service upto midnight of 31st December, 2015 and acquired the status of pensioner only in the forenoon of 1st January, 2016. Applying the law laid down by the Hon'ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 1956 acquired the status of pensioner only in the forenoon of 1st January, 2016. The recommendations of the 7th Pay Commission are likely to be implemented with effect from 1st January, 2016."
3. Pursuant to the implementation of the 7th Central Pay Commission's recommendations, DoP&PW (respondent No.2) issued Annexure A-2 Om dated 04.08.2016 revising the pension of pre-2016 pensioners/family pensioners. The grievance of the applicant is that his retiral benefits have been fixed in terms of Annexure A-2 OM, treating him as a pre-2016 retiree whereas he should be treated as a retiree w.e.f. 1.1.2016 and thus the 7th Central Pay Commission's benefits should  accrue to him.

4. Respondent No.2 considered the representation dated 14.12.2015 of the applicant, which was duly forwarded by the DoPT vide aforementioned letter dated 29.02.2016 and vide impugned Annexure A-1 OM dated 03.01.2018 has declined the request of the applicant. The relevant portions of this OM are reproduced below:
"4. In the case of Shri Yadav, he actually retired on 31.12.2015 and was not in service on 1.1.16. Judgment of Hon'ble Supreme Court in the case of Shri S. Benerjee has no relevance in his case. In fact Rule 5 (2) of CCS (Pension) Rules, has already been amended and as per the amended rule date of voluntary retirement is treated as the last working day. Therefore, those who retired voluntarily on 1.1.2016 would be eligible for pay and pension benefits of 7th CPC as a post 1.1.2016 retiree.

5. Since Shri Yadav retired on superannuation on 31.12.2015, he is to be treated as a pre-2016 pensioner and is accordingly entitled to the benefit in revision of pension under the OM No.38/37/46-P&PW(A)(ii), dated 4.8.16."
5. Aggrieved by the impugned Annexure A-1 OM dated 03.01.2017, the applicant has filed the instant OA praying for the following relief:
"B) That this Hon'ble Tribunal may be pleased to hold and declare that the impugned orders/action of the respondents is illegal, arbitrary, discriminatory, unconstitutional and violative of Articles 14 and 16 of the Constitution of India and quash and set aside the same and be pleased to further hold that since the Applicant superannuated with effect from the afternoon of 31.12.2015 and relinquished the charge of the post of Deputy Secretary in the afternoon of that date, he, as per law, is deemed to have effectively retired on or with effect from 1.1.2016 and therefore, cannot be treated as pre-2016 pensioner and direct the respondents to grant the retiral benefits such as fixation of pension, DCRG, commutation of pension, leave encashment etc. accordingly and pay the arrears thereof  with 12% interest within a specified time-frame."
6. Pursuant to the notices issued, the respondents entered appearance and filed their reply in which they have broadly made the following important averments:

6.1 The applicant retired from Government service on 31.12.2015 and accordingly he has been treated as a pre-2016 pensioner and his pensionary benefits have been fixed in terms of the OM dated 4.8.2016 (Annexure A-2) of the DoP&PW.

6.2 As per the provisions of FR 56(a), a Government servant whose date of birth is first of a month shall retire from service in the afternoon of the last day of the preceding month on attaining the age of 60 years. Hence, the applicant, whose date of birth is 1.1.1956 is deemed to have been retired in the afternoon of 31.12.2015.

6.3 The judgment of Hon'ble Supreme Court in S. Banerjee v.Union of India, [AIR 1990 SC 295], relied upon by the applicant in para 4 (d) of the OA, is not relevant in the instant case. It is stated that Shri S. Banerjee had retired voluntarily and his date of retirement was 1.1.1986 whereas in the instant case the applicant retired on attaining the age of superannuation in the afternoon of 31.12.2015 and as such was not in service on 1.1.2016.

Check the Judgement Copy

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