Thursday, May 2, 2019

Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) to ASPs on a non-functional basis upon completion of four years of service in GP Rs. 4800 (Level 8 in Pay Matrix)

Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) on completion of four years of service in the GP Rs. 4800 (Level 8 in Pay Matrix) to ASPs on non functional basis. 

No. 4-1/2019-PCC
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg
New Delhi - 110001
Date : 22.04.2019
To
Shri Arup Kumar Seal,
General Secretary,
All India Association of Inspectors and Asstt. Supdt. Posts,
Qtr. No. 12, P&T Colony, Khurshid Square,
Civil Lines, Delhi -110054.

Sub : Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) on completion of four years of service in the GP Rs. 4800 (Level 8 in Pay Matrix) to ASPs on non functional basis.
 
Sir,
I am directed to refer to your letter No.SG/AIAIASP/03/2018 on the above mentioned subject and to inform that the issue of granting NFSG in pre­ revised GP Rs. 5400/- in PB-2 corresponding to Level 9 to Asstt. Superintendent Posts on completion of four years of service in the pre-revised GP Rs. 4800/- (Level 8 in Pay Matrix) has been examined with following observations:-

i. The NFSG Scale is given to AAOs in P&T Accounts vide MoF OM No. 25-2/2017- IC/E.III (A) dated 18.06.2018 as per recommendations of 7th CPC in Para 11.12.140 of the report whereas there is no such recommendation for ASP cadre. Moreover, AAOs in P&T Accounts are having all India Transfer Liability and on contrast, the ASP is a Circle level cadre. Further, ASPs are enjoying Rule 38 transfer from one Circle to other whereas there is no such provision for AAOs. As such, the plea for granting NSFG to ASP cadre in line of AAO cadre as mentioned in the representation is not tenable.

ii. There is different time span in promoting IPs to ASPs in Circles as ASP is a Circle level cadre. In some Circles IPs get promotion in ASPs cadre immediately after completion of minimum qualifying years of service in IP cadre viz 3 years (now 5 years) whereas in some Circles IPs are waiting their hierarchical promotion in ASP cadre even after regular service of 10-13 years in the cadre. The NSFG Scale would not only make a huge disparity in pay among ASPs who are originally entered in IP cadre on the basis of same examination and are borne on the same IP gradation list.

Therefore, the proposal to grant NSFG to Asstt. Superintendent Posts on completion of four years of service cannot be recommended.
Yours sincerely,
sd/-
(SB Vyavahare)
Asstt.Director General (GDS/PCC)
Source: NFPE
Pay Matrix-asp-grade-pay-as-per-7th-cpc-deptt-of-posts-order

DoPT: Framing of the Recruitment Rules for the post of Physiotherapist in the Lal Bahadhur Shastri National Academy of Administration, Mussoorie

DoPT: Framing of the Recruitment Rules for the post of Physiotherapist in the Lal Bahadhur Shastri National Academy of Administration, Mussoorie
 
No. T-21011/2/2019-Acad Desk
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Training Division
Old JNU Campus, Block IV,
New Mehrauli Road, New Delhi-110067
02 May, 2019
Office Memorandum

Subject: Framing of the Recruitment Rules for the post of Physiotherapist in the Lal Bahadhur Shastri National Academy of Administration, Mussoorie - Regarding. 

The undersigned is directed to upload the draft recruitment rules for the post of Physiotherapist in the La! Bahadhur Shastri National Academy of Administration, Mussoorie and to request for comments, if any, from all the stakeholders on the draft RRs. The comments may kindly be on e-mail id: 'meena.shiv@nic.in' latest by 02.06.20 19.

End: As above.
(Anita Bilung)
Under Secretary to the Government of India
Telephone: 011-26166856
To
All concerned Stakeholders

Copy to: NIC, Training Division with the request to upload the above OM alongwith draft RRs for the post of Physiotherapist in LBSNAA, Mussoorie.

[To be published in the Gazette of India, Part II, Section 3, Sub-section (i)]

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Training Division

Notification
New Delhi, the 2019
G.S.R… - In exercise of the powers conferred by the proviso to article 309 of the Constitution the President hereby makes the following rules regulating the method of recruitment to the post of Physiotherapist (Group B) in the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Lal Bahadur Shastri National Academy of Administration, Mussoorie , namely:-

Short title and commencement- (1) These rules may be called the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Lal Bahadur Shastri National Academy of Administration, Mussoorie Physiotherapist, Group B post, Recruitment Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.
  1. Number of post, classification and level in pay matrix.- The number of the post, its classification and level in pay matrix attached thereto shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.
  2. Method of recruitment, age-limit, qualifications, etc.- The method of recruitment, agelimit, qualifications and other matters relating thereto shall be as specified in columns (5) to (13) of the said Schedule.
  3. Disqualifications.- No person,-
  • who has entered into or contracted a marriage with a person having a spouse living, or
  • who having a spouse living, has entered into or contracted a marriage with any person,
shall be eligible for appointment to the said post:
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

Power to relax. - Where the Central Government is of the opinion that it is necessary or expedient so to do, for reasons to be recorded in writing, and in consultation with Union Public Service Commission, relax any of the provisions of these rules with respect to any class or category of persons.

Saving.- Nothing in these rules shall affect reservation, relaxation of age-limit, and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, the exServicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

Check the Schedule here

Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment

Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment
F.No.500/33/2017-FTD.I
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
(Foreign Tax and Tax Research-I)

New Delhi, dated the 18th April, 2019

Subject: Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment-reg.

Taxation of non-residents in India is governed by the provisions of the Income-tax Act, 1961 (“the Act”) and the provisions of the Double Taxation Avoidance Agreement(s) [DTAA(s)] concluded or adopted by the central government under the 'X' wers conferred under Section 90 or 90A of the Act, respectively. Under the Act, the income tax is charged for the assessment year in respect of the total income of the previous year of every-person. In respect of a who is a non-resident, the total income includes all income from whatever source derived which is received or deemed to be received or accrues or arises or deemed to accrue or arise in India. The incomes that shall be deemed to accrue or arise in India are specified in Section 9 of the Act which. inter alia, provides that all income accruing or arising whether directly or indirectly, through or from any business connection in India shall be deemed to accrue or arise in India. However, in cases where a DTAA is also applicable, taxes on business income of a non-resident can be levied to the extent the same is permissible under such agreement. Thus, business income of a non- resident can be taxed in India if it satisfies the requisite thresholds provided under the Act as well as the threshold provided in the applicable tax treaty, by a concept of Permanent Establishment (PE). which is defined in Article 5 of Model Tax Conventions and tax treaties.

Under Article 7 in the Indian treaties, profits are to attributed to the PE as if it were a distinct and separate entity on the basis of the accounts of the PE and where such accounts are not available to enable determination of profits attributable to the PE, the profits attributable to the PE can be determined under the domestic laws. For the application of this method, the Assessing Officer in India can resort to Rule 10 of Income- tax Rules, 1962.

Recognizing the significance of issues relating to attribution of profits to a permanent establishment as well as the need to bring greater clarity and predictability in the applicable tax regime, a Committee was formed to examine the existing scheme of profit attribution to PE under Article 7 of DTAAs and recommend changes in Rule 10 of the Income-tax Rules. The Committee has submitted its report (enclosed herewith) and it has been decided to seek stakeholder’s comments on the Report of the committee.

In this regard, suggestions/comments of the stakeholders and the general public are invited on the following question:

a. What are your views on the recommendations of the Committee as contained in Section 11 of the Report? In answering this question please consider the objectives and policy rationale behind the change which have been elaborated in detail in the Report.

Comments and suggestions may sent electronically (in word format) at usfttr-1@gov.in within 30 days of the publication of this the email address document on website of the Income Tax Department

(www.incometaxindia.gov.in).
(Deepak Kapoor)
Under Secretary
Foreign Tax & Tax Research Division
Central Board of Direct Taxes

Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees

Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees. Dealing with the Pending/ Under Consideration Cases.
Government of Haryana
Finance Department
No.6/ 183/2018-4PR (FD),
From
The Additional Chief Secretary to Government Haryana Finance Department.
To
  1. All of the Administrative Secretaries in Haryana Stale.
  2. All of the Heads or Departments in Haryana State.
  3. All or the Divisional Commissioners in Haryana State.
  4. All of the Deputy Commissioners in Haryana State
  5. All of the SDOs (Civil) in Haryana State.
Date Chandigarh the, 03.04.2019

Subject: Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees. Dealing with the Pending/ Under Consideration Cases.

Sir,
have been directed to refer to the subject cited above and to state that the Hon’bIe Madras High Court vide its judgment dated 15.9.2017 in CWP No. 15732 of 2017-P. Ayyamperumal Vs. Union of India had allowed an Annual Increment on notional basis for the purpose Of pensionary benefits to the petitioner on I .7.2013 who had otherwise retired on 30.52013. The rationale of the judgment was that the Increment has to be granted On completion On full year or service and s:nce the employee concerned had retired on 30.69013 after the fun length of service of one year from 1 .7.2012 to 30.6.2013 he was allowed the Annual Increment as on 1.7.2013 on notional basis for the oi pensionary benefit*. This judgment was later on upheld in the Hon’ble Supreme Court in SLP No. 22283 of 2018- Union of India Vs. p. Ayyamperumal, decided on 23.7.2018.

A number of cases on the same lines are being received comprising administrative proposals, judgments from the Hon’ble Punjab & Haryana High Court delivered in terms of judgment of Hon’ble Supreme Court ibid. Further, a number of CWPs, Representations from retired Employees and certain Legal Notices have also been received and have pouring in regularly relying upon the judgment Of Hon’ble Supreme Court ibid.

In view Of the above the matter was considered meticulously weighing all possible pros and cones and since the judgment or Hon’ble Supreme Court ibid has been delivered a case where Central Govt was party, the Central Govt. has, therefore, been requested vide this Department Ietter dated 28.3.9019 to apprise or the latest position in this respect to the Haryana Govt. so that appropriate policy decision may be taken accordingly. This request has been sent to Central Govt. since the remedy Of Review

Application and Curative Petition still subsists with it end it would be in the fitness of things that a decision by the Haryana Govt. may be taken Only after ascertainment of final decision from the Govt. of india. A copy of request dated 28.3.201' sent to Central Govt. is attached herein.
In view of the above it is requested that all of the pending cases i.e. CWPs/Court Cases, Representations, Legal Notices on the instant subject may be dealt with/disposed of accordingly. In the decided cases where in a direction has been issued by the Hon’ble High Court/ I-d. Courts to decide the Representations/ Legal Notices of the petitioners LEC Petitioners/ Counsel of Petitioners may be informed accordingly. Likewise, adjournment may he requested in the cases Where Reply is to be fled. ‘The under consideration Representations/ Legal Notices may also be disposed Of in the same terms informing the factual position to the Employees (Counsels concerned. The next line of action be informed in due course.
sd/-
Chief Accounts Officer (PR)
for Additional Chief Secretary to Government Haryana
Finance Department

Endst . No. 6/ 183/2018-4PR(FD)

A copy is forwarded to the Accountant General Haryana, (A&E) and (Audit), Chandigarh for information.

Chief Accounts Officer (PR)
for Additional Chief Secretary to Government Haryana,
Finance Department
“CONSERVE WATER – SAVE LIFE”
Government of Haryana
Finance Department
No. 6/ 183/2018-4PR (FD)
To
The Secretary to the Govt. of India
Ministry of personnel, Public Grievance and Pensions
Department of Pension
New Delhi
Date 28th March, 2018

Subject:- Grant of Notional Increment on completion of 12 Months of Service on July of Calendar year (After Retirement) for the purpose of pension to Govt. employees.

Respected Sir,
I am directed to refer to the subject cited above and to state that The Haryana Govt. has broadly followed the pattern Oi Central Govt. in Pay and Pension Structure while its Pay pension Rules pursuant. To recommendations of Central Pay Commissions. the Pay Rule of 2006 there was a uniform date or grant or Annual Increment being of July of eve-or calendar month Whereas in the 2015 Rules there are two dazes being Of January and of July depending upon the circumstances. The minimum length of service Lo earn the Annual Increment is uniform In of the Rules i.e. six months of qualifying service.

Some of the retired Officers/ Employees brought to the notice of this Department a judgment dated 25-9.2017 (Copy Attached) of DB Of Hon’ble Madras High Court delivered in CWP No. 15732 of 2017- P. Ayyamperumal Vs. Union India wherein the Hon tile Madras High Court has allowed the benefit of Annual increment, on notional basis to the petitioner who retired on 30.6.2013 for Pensionary benefits only for the period of I. 7.2012 to 30-62013 though the Increment [ell due on The Operative part of the judgment ibid is reproduced herein below for your ready reference;-

The petitioner herein had completed one full year service as on 30.6.2013, but the increment feu due on 1.7.2013, on which date he was not in service. In view of the above judgment of this Court, naturally he has to be treated as having completed one year of service though the date of increment fans on the next day of his Applying the said judgment to the present case, the writ petition Es allowed and the impugned order passed by the first respondent-Tribunal dated 21.3.2017 is quashed. The petitioner shall be given one notional increment for the period from 7.7.2012to 30.6.2013, as he has completed one fun year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No Costs.

This judgment was later on upheld by the Hon’ble Supreme Court Of India vide its judgment dated 23.7.2018 (Copy Attached) in SLP NO. 22283 Of 2018 and the inference comes out is that this issue has attained finality until and unless it has been challenged further by the Govt. of India by means Review Application/ Curative Petition, if any.

In view of the legal position as above, the Hon’ble Punjab & Haryana High Court has disposed of number of cases is The same terms against the State of Haryana wherein the retired employees of the Haryana Govt. had demanded similar benefit being affinity Of Rules. Besides, a. number of CWPs/Court Cases are also sub judice in the Hon’ble High Court and the Haryana Govt is not able to file proper reply therein in view of the judgment Of Hon’ble Supreme Court ibid. Further, number Of Legal Notices arc also pending and lot more arc also In on regular intervals from the relired employees demanding same benefits and a warning of filing of Court Case in the cage Of denial thereof is also being conveyed

As such: it is kindly requested that the factual position may Se clarified conspicuously as per points mentioned below;

1.As to whether the Govt. of India has further challenged the Aforesaid judgment in SLP by way of RA/Curative Petition and if yes the detail thereof may please be conveyed.
2.If the action to challenge has not been materialized then as to whether it is under consideration.
3.As to whether the same has been implemented and if yes, the copy of relevant Rule/ Instruction/ Order may please be provided
4.It may please be clarified, in case this judgment has been implemented as to whether the Increment is countable for Pension purpose exclusively or for other retiral benefit i.e. Communication of Pension, DQÜ and Leave Encashment etc.
5.Though the judgment ibid has been delivered keeping in view the Pay Rules 2006 wherein only single date of Annual Increment i.e. 1st July of every calendar year was provided whereas With the commencement or 2016 Rules [here have been provided two dates of Increments i.e. 1st of January and 1st July. It may, therefore, please he clarified RS to whether it would also apply to Govt. employees retiring after 01.01-2016.
6.As to whether the Govt- of India has accordingly amended or contemplating to amend its Pay and Pension Rules (please clarify conspicuously) to make them compatibIe in view of the factual position as such.

The aforesaid information/ documents may please be provided at the earliest so that the Haryana Govt. may take appropriate decision in all the pending cases accordingly and no awkward position is faced in the Hon’ble High Court/other Ld. Courts.

If this issue does not relate to this Department/ Division then this communication may please refereed transferred to the Department/ Division concerned under intimation to this Department so as to enable it to follow-up the same accordingly With the authority concerned.

Thanking You
DA/ As above
Yours Faithfully,
Chief Accounts Officer
for Additional Chief Secretary to Govt_ Haryana
Finance Department
(Haryana Civil Secretariat, Chandigarh)

VOLUNTARY RETIREMENT SCHEME FOR CENTRAL GOVERNMENT EMPLOYEES

VOLUNTARY RETIREMENT SCHEME FOR CENTRAL GOVERNMENT EMPLOYEES
VOLUNTARY RETIREMENT SCHEME APPLICABLE TO CENTRAL GOVERNMENT EMPLOYEES – UPDATED PROCEDURE AND INSTRUCTIONS FOR VRS

Introduction:

The Government has extended facility to Government servants to take retirement from service voluntarily with full pensionary benefits before attaining the age of superannuation.

Employee has Right to take Retirement:

The Administrative Reforms Commission had recommended in its report on Personnel Administration, as follows
“59(1): A Civil servant may be allowed to retire voluntarily if he has completed 15 years of service and given proportionate pension and gratuity.”
The above recommendation of the Administrative Reform Commission was considered by Government and it has been decided that Government servants may be allowed to retire voluntarily after 20 years of qualifying service on proportionate pension and gratuity with a weightage of up to 5 years towards qualifying service where applicable, subject to certain condition.
Entry in ServiceAge of Voluntary Retirement
Group A and Group B officers who had entered service before attaining the age of 35 YearsAfter attaining the age of 50 years
Group A and Group B officers other than above and All Group C employeesAfter attaining the age of 55 year
All employeesOn completion of 30 years of qualifying Service
Scientist or technical experts who is :
(i) On assignment under the Indian Technical and Economic Co-operation (ITEC) programme of Ministry of External Affairs and other aid programmes
(ii) Posted abroad in foreign based office of a ministry /Department
(iii) Specific contract assignment to a foreign government
After having been transferred to India resumed the charge of the post in India and served for a period of not less than one Year with fulfilling other conditions.
The following instructions will regulate the voluntary retirement of Central Government Servants pursuance of the Government decision
(i) Government servants who have put in not less than 20 years qualifying service may, by giving notice of three months in writing to the appointing authority, retire from service voluntarily. The scheme is purely voluntary the initiative resting with the Government servant himself. The Government does not have the reciprocal right to retire Government servant on its own, and or this scheme.
(ii) The benefit of retiring pension will be admissible to Government servant retiring under this scheme.
(iii) A notice of less than three months may also be accepted by the appointing authority in deserving cases, with the concurrence of the Ministry of Finance (Department of Expenditure).
(iv) If a Government servant retires under the Scheme of voluntary retirement while he is on leave not due, without returning to duty, the retirement shall take effect from the date of commencement of the leave not due and the leave salary paid in respect of such leave not due shall be recovered as provided in Rule 31 of the CCS (Leave) Rules, 1972.
(v) Before a Government servant gives notice of voluntary retirement with reference to these instructions, he should satisfy himself by means of reference to the appropriate administrative authority that he has, in fact, completed 20 years’ service qualifying for pension.
Note: Appropriate authority means the authority which has the power to make substantive appointments to the post or service from which the Government servants is required or wants to retire.
(vi) A notice of voluntary retirement may be withdrawn subsequently only with the approval of the appointing authority provided the request for such withdrawal is made before the expiry of the notice.
(vii) A notice of voluntary retirement given after completion of 20 years’ qualifying service will required acceptance by the appointing authority if the date of retirement on the expiry of the notice would be earlier than the date on which the Government servant concerned could have retired voluntarily under the existing rules applicable to him. ( e.g. FR 56(k), Rule 48 of the Pension Rules, Article 459(1) of SSRs or any other similar rules) such acceptance may be generally given in all cases except those (a) in which disciplinary proceedings are pending or contemplated against the Government servant concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty or removal or dismissal from service would be warranted in the case for (b) in which persecutions is contemplated or may have been launched in a Court of Law against the Government servant concerned. If it is proposed to accept the notice of voluntary retirement even in such cases, approval of the Minister-in-charge should be obtained in regard to Group ‘A’ and Group ‘B’ Government servants and that of the Head of the Department in the cases of Group ‘C’ and Group ‘D’ Government servants. Even where the notice of voluntary retirement given by a Government servant requires acceptance by the appointing authority, the Government servant giving notice may presume acceptance and the retirement shall be effective in terms of the notice unless the competent authority issues an order to the contrary before the expiry of the period of notice.
(viii) While granting proportionate pension to a Government servant retiring voluntarily under this scheme, weightage of upto five years would be given as an addition to the qualifying service actually rendered by him. The grant, of weightage of upto five years will, however, subject to the following conditions:
a) The total qualifying service after allowing the weightage should not, in any event exceed 30 years’ qualifying service and
b) The total qualifying service after giving the weightage should not exceed the qualifying service which he would have had, if he had retired voluntarily at the lowest age/ minimum service limit applicable to him for voluntary retirement prescribed under FR 56(k) or article 459 (1) of the CSRs or Rule 48 of the CCS (Pension) Rules or any other similar rule applicable to him.
ILLUSTRATIONS:
(a) If a Government servants who could be prematurely retired under FR 560)(1) or could have voluntarily retired under FR 56(k) seeks voluntary retirement under this scheme after he has attained the age of 47 years and has rendered 22 years of service, the weightage in pension would be limited only upto three years.
(b) If a Government servants who could be prematurely retired under FR 56 G) (ii) or could have voluntarily retired under FR 56 (k) seeks voluntary retirement under this scheme after he has attained the age of 51 years and has rendered 24 years of service, the weightage in pension would be admissible upto four years.
(c) If a Government servants belonging to Group ‘C’ who could have voluntary retired under Rule 48 of the CCS (Pension) Rules, 1972 seeks voluntary retirement under this scheme after he has rendered 28 years of service and has attained the age of 48 years, the weightage in pension would be admissible upto five years.
(ix) The weightage given under this scheme will be only an addition to the qualifying service for purpose of pension and gratuity. It will not entitle of pension the Government servants retiring voluntarily to any additional fixation of pay for purposes of calculating the pension and gratuity which will be based on the actual emoluments calculated with reference to the date of retirement.
(x) The amount of pension to be granted after giving the weightage will be a subject to the provisions of Rule 6 of the CCS (Pension) Rules, 1972. The pension will also be subject to the provisions of Rules 8 and 9 of these Rules.
(xi) The scheme of voluntary retirement under these orders will not apply to those who retire voluntarily under the provisions of Rule 29 of the CCS (Pension) Rules, 1972.
(xii) The scheme of voluntary retirement under these orders will also not apply to those Government servants on deputation to autonomous bodies/ public undertakings etc. The absorption of Government servants on deputation to public undertakings/ autonomous bodies etc. in such autonomous bodies/ public undertakings etc. and the grant of retirement benefits to them in respect of their service under government will continue to be governed by the separate set of instructions issued by the Ministry of Finance in this regard.
(xiii) A Government servants giving notice of voluntary retirement may also apply, before the expiry of the notice, for the leave standing to his credit which may be granted to him to run concurrently with the period of notice. The period of leave, if any, extending beyond the date of retirement on expiry of notice but not extending beyond the date on which the Government servants should have retired on attaining the age of superannuation may be allowed as terminal leave as per Rule 39*6) of the CCS (Leave) Rules, 1972 .the leave salary for such terminal leave shall be payable in accordance with the provisions of the para 5 of Ministry of Finance (Department of Expenditure) O.M. No. 16(1)E-IV(A)/76 dated the 23.12.1976.
(xiv) Group ‘A’ Government servants retiring voluntarily under this scheme would continue to be subject to the provisions in the Pension Rules relating to post retirement commercial employment. However, in their cases, permission for the post retirement commercial employment will be granted more liberally than in the case of other Govt. servants retiring under the provisions of FR 56 or Rule 48 of the Pension Rules.
[DP&AR OM No. 25013/7/77 Estt.-(A), dated 26-08-1977]

Special Provisions to Accept Notice for VRS under FR 56(k) or 56 (m)

The provisions of Fundamental Rule 56(k), 56(m) and Rule 48 of CCS (Pension) Rules, 1972 relating to acceptance of request of voluntary retirement have been revisited as per the Central Administrative Tribunal, Principal Bench judgement dated 4th August, 2010 in O.A. No.1600/2009 filed by Shri Gopal Singh Purohit v / s UOI & Others to bring them at par with each other.
The matter has ‘been examined in consultation with Department of Pension and Pensioners Welfare and the Ministry of Law. FR 56(k) and 56 (m) have been amended vide Extra Ordinary Gazette Notification No. GSR 27(E), dated 17 January 2014. It shall be open to the appropriate authority to withhold permission to a Government servant who seeks to retire under FR 56(k) or 56 (m) in the following circumstances:
  • If the Government servant is under suspension ; or
  • If a charge sheet has been issued and the disciplinary proceedings are pending; or
  • If judicial proceedings on charges which may amount to grave misconduct, are pending.
Explanation: For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.
[DOPT OM No. No.25013/3/2010-Estt (A), dated 27-02-2014]

Request for Voluntary retirement from persons suffering from disability

The undersigned is directed say that vide Department of Personnel and Training’s OM No.18017 /1/2014-Estt.(L), dated 25 February 2015 certain clarifications regarding treatment of leave and absence of disabled Government servants have been issued.
Instances have come to notice where Government servants apply for voluntary retirement under various provisions like Rules 38, Rule 48 and 48A of CCS (Pension) Rules, 1972 or Rule 56 of the Fundamental Rule on account of hardships faced by them due to a disability, as they are unaware of the protection provided by the Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act). Section 47 of the PWD Act, 1995 is reproduced below for reference:
Non-discrimination in Government Employment-(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service.
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits; provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
No promotion shall be denied to a person merely on the ground of his disability; provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
The issue had come up in Bhagwan Dass & Anr v / s Punjab State Electricity Board (2008) 1 SCC 579, decided by the Hon’ble Supreme Court where the employee who had during his service suffered from blindness, had applied for voluntary retirement. The Hon’ble Supreme court has observed that the Petitioner was not aware of any protection that the law afforded him and apparently believed that the blindness would cause him to lose his job, which was the source of livelihood of his family. In those circumstances, it was the duty of the superior officers to explain to him the correct legal position and to tell him about his legal rights.
Keeping in view the provisions of the Section 47 of the PWD Act, 1995 and the above mentioned judgement, it has been decided that whenever a Government servant seeks voluntary retirement citing medical grounds, or when the said notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under Section 47 of PWD Act, 1995. In case the provisions are applicable, the Government servant shall be advised that he/ she has the option of continuing in service with the same pay scale and service benefits.
In case a disabled Government servant reconsiders his decision and withdraws the notice for voluntary retirement, his case shall be dealt with under the provisions of the Section 47 read with the DOPT OM dated 25 February 2015 mentioned above. If however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per the applicable rule.
[DOPT OM No.25012/1/2015-Estt (A-IV), dated 19-05-2015]

Special Voluntary Retirement Scheme for Surplus Central Government Employees

The Expenditure Reforms Commission (ERC) set up by the Government of India has suggested a liberal voluntary Retirement Scheme (VRS) for the employees’ declared surplus. This recommendation, contained in Commission’s second Report on ‘ Optimising Government’s Staff Strength – Some General issues’ has been considered carefully and the Central Government have decided to introduce a special Voluntary Retirement Scheme (VRS) as per details given herein under for the permanent employees declared surplus in any Ministry /Department as a consequence of one or more of the following:-
  • Implementation of decisions of the Cabinet regarding restructuring of Ministries /Departments;
  • Implementation of the recommendations of the Expenditure Reforms Commission;
  • Implementation of the decision of a Ministry /Department relating to downsizing/ rightsizing including, Inter alia, restructuring of an organization, transfer of an activity to a State Government, Public Sector undertaking or other Autonomous Organisation, discontinuation of an ongoing activity and introduction of changes in technology; or
  • Implementation of work study reports undertaken by the Staff Inspection Unit of the Ministry of Finance or any other body set up by the Central Government or the Ministry /Department concerned.
The features of the Special VRS for the employees declared surplus are as under:-
(a) All permanent employees rendered surplus irrespective of their age and qualifying service can opt for the scheme.
(b) An optee of Special VRS will be entitled to receive an ex-gratia’ amount equal to basic pay plus dearness allowance for the number of days worked out on the basis of length of service @ 35 days for each completed year and 25 days for each remaining year. For any part of a year, the number of days, for ex-gratia amount, will be worked out on the basis of 365 days in a year. The ex -gratia amount will be further subject to the following conditions:
  • i. total number of years to be counted for payment of ex-gratia will not exceed 33 years;
  • No weightage of additional service will be given for the purpose of calculation of ex-gratia;
  • The ex-gratia will be subject to a minimum of Rs.25000 or 250 days emoluments, whichever is higher;
  • The ex-gratia amount should not exceed the sum of the basic pay plus DA that the employee would draw at the prevailing level for the balance of the period of service left before superannuation.
  • The ex-gratia amount will be paid in lump-sum;
  • The ex-gratia amount upto Rs 5.00 lakhs will be exempted from Income Tax;
(c) A weightage of five years to the qualifying service shall be given under CCS (Pension-) Rules, 1972 to such permanent surplus employees who have rendered a minimum of 15 years of qualifying service on the date they are declared surplus. However, as provided in rule 29 of CCS (Pension) Rules, 1972, the qualifying length of service after taking into account the aforesaid weightage should not be more than the service he would have rendered had he retired on the date of his superannuation.
(d) Encashment of Earned Leave accumulated in the date of relief as per CCS (Leave) Rules, 1972;
(e) Payment of savings element with interest in the Central Government Employees Group insurance Scheme as per rules;
(f) TA/DA as on retirement for self and family for settling down anywhere in India as per Travelling Allowance Rules;
(g) Group A officials opting for the special VRS will be exempted from the operation of rule 10 of the CCS (pension) Rules which stipulates previous sanction of the Government for accepting commercial employment.
  1. Payment of ex-gratia to the employees declared surplus and opting for the special VRS within the specified three months period will be over and above the normal retirement entitlements under CCS (Pension) Rules, 1972.
  2. The order of voluntary retirement in each case should clearly stipulate that the surplus post held by the retiring incumbent will stand abolished from the date of his/her voluntary retirement.
  3. The Identification of surplus employees for the purpose of VRS would be guided by procedure given in item 3 of Annexure-1 under the heading “Steps for Identification of Surplus staff” to the revised scheme of the disposal of personnel rendered, surplus due to reduction of establishment of Central Government Department/Offices notified vide Circular No 1/18/88-CS-III of DOPT dated 1 April 1989.
  4. The permanent employees declared surplus will have to exercise option for special VRS within three months from the date he or she has been declared surplus in any Ministry /Department. Surplus employees presently on the Rolls of the Surplus Cell (Re-designated as the division of Retraining and Redeployment ) of the Department of Personnel & Training as on the date of this OM can also opt for special VRS within three months from this date.
  5. In order to facilitate the maintenance of a close watch on the implementation of the scheme, all Ministries/Departments are required to submit quarterly returns to the Surplus Cell of Department of Personnel & Training that may be prescribed by that Cell.
  6. Ministry of Finance, etc. are requested to give wide publicity to the contents of this O.M. to the employees declared surplus.
[DOPT OM No. 25013/6/2001-Estt.(A), dated 28-02-2002]

Revision of flat rate of licence fee for residential accommodation all Indian Railways w.e.f. 01.07.2010, 01.07.2013 and 01.07.2016

Revision of flat rate of licence fee for residential accommodation all Indian Railways w.e.f. 01.07.2010, 01.07.2013 and 01.07.2016

GOVERNMENT OF INDIA(BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)
No. F(X)I-2002/11/2
New Delhi, dated 11.03.2019
As per standard Lists-I, II & III

Sub.: Revision of flat rate of licence fee (Standard Rent) for residential accommodation all Indian Railways w.e.f. 01.07.2010, 01.07.2013 and 01.07.2016 – reg.

The flat rates of licence fee (Standard Rent) for residential accommodation over the Indian Railways were revised w.e.f. 01.07.2010, 01.07.2013, and 01.07.2016 and notified vide Board’s letter number of even number dated 26.12.2018 retrospectively.

In light of various representations received, Full Board have, inter alia, considered the issue of non-recovery of the arrears on quarter rent from 01.07.2010 to 30.06.2016 and decided the followings :-
  • Actual recoveries of revised flat rates of licence fee (Standard Rent) be effected only from 01.07.2016 and it has also been brought out that in effect this implies write-off of a significant amount between 01.07.2010 to 01.07.2016.
  • A general norm of 10% increase in licence fee effective from 1st July every year (first such increase is due w.e.f. 01.07.2017 and thereafter as on 01.07.2018 retrospectively and so on over the existing licence fee as on 30th June of the each year) be effected to ensure earlier recoveries of enhanced licence fee till further revision.
All other terms and conditions mentioned, in Board’s letter of even no dated 26.12.2018 will continue.

Immediate action may please be taken to give effect to these orders and compliance may be reported.
Receipt of this letter may please be acknowledged.
(Rohit Parmar)
Director, Finance (Exp.) - I
Railway Board

Inclusion of all allowances such as HRA, TA and SFA in calculation of Overtime Allowance (OTA) to employees of Ordnance factories as per the provisions of Section 59 of the Factory Act 1948

DOPT : HRA, TA & SFA in calculation of OTA to employees of Ordnance factories under Section 59 of the Factory Act 1948

No.A.27016/01/2018-Estt(AL)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Block-IV, Old JNU Campus
New Delhi-110067
Dated:16th April 2019
Office Memorandum

Subject : Inclusion of all allowances such as HRA, TA and SFA in calculation of Overtime Allowance (OTA) to employees of Ordnance factories as per the provisions of Section 59 of the Factory Act 1948

The undersigned is directed to refer to the representation of All India Association of Non Gazetted Officers of Ordnance and Equipment Fys and Quality Assurance Organisations, dt 04/03/2019 on the subject mentioned above and to say that the instructions on OTA issued by DoPT are not applicable in respect of Government servants who are governed by the Factories Act 1968. Hence the representation referred above is forwarded herewith to take necessary action.
(Sandeep Saxena)
Under Secretary to the Government of India
M/o Labour and Employment
Kind Atten : Shri C.S.Rao, Under Secretary -Admin
Shram Shakti Bhawan, Rafi marg
New Delhi

Expected DA from July 2019 - AICPIN for February 2019

AICPIN for February 2019
Expected DA from July 2019

All India Consumer Price Index for Industrial Workers (CPI-IW) - Feb 2019
Expected Dearness Allowance Calculation from July 2019

No.5/1/2019-CPI
GOVERNMENT OF INDIA
MINISTRY OF LABOUR & EMPLOYMENT
LABOUR BUREAU
‘CLEREMONT’, SHIMLA-171004
DATED: 29th March, 2019
Press Release

Consumer Price Index for Industrial Workers (CPI-IW) – February, 2019 The All-India CPI-IW for February, 2019 remained stationary at 307 (three hundred seven). On 1-month percentage change, it remained static between January, 2019 and February, 2019 when compared with the decrease of (-) 0.35 per cent for the corresponding months of last year.

The maximum upward pressure to the change in current index came from Miscellaneous and Food groups contributing (+) 0.26 and (+) 0.17 percentage points respectively to the total change. At item level, Rice, Wheat, Wheat Atta, Goat Meat, Apple, Coconut, Gourd, Electricity Charges, Doctor’s Fee, Medicine (Allopathic), Private Tuition Fee, Petrol, etc. are responsible for the increase in index. However, this increase was checked by Jowar, Poultry (Chicken), Onion, Tamarind, Carrot, Methi, Grapes, Potato, Tomato, etc., putting downward pressure on the index.

The year-on-year inflation based on CPI-IW stood at 6.97 per cent for February, 2019 as compared to 6.60 per cent for the previous month and 4.74 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at (+) 2.63 per cent against (+) 0.97 per cent of the previous month and (+) 2.36 per cent during the corresponding month of the previous year.

At centre level Siliguri reported the maximum increase of 7 points followed by Amritsar (6 points) and Srinagar and Chhindwara (5 points each). Among others, 4 points increase was observed in 5 centres, 3 points in 4 centres, 2 points in 10 centres and 1 point in 14 centres. On the contrary, Salem and Quilon recorded a maximum decrease of 5 points each followed by Raniganj and . Coimbatore (4 points each). Among others, 2 points decrease was observed in 7 centres and 1 point in 11 centres. Rest of the 19 centres’ indices remained stationary.

The indices of 35 centres are above All-India Index and 42 centres’ indices are below national average. The index of Mercara centre remained at par with All-India Index.

The next issue of CPI-IW for the month of March, 2019 will be released on Tuesday, 30th April, 2019. The same will also be available on the office website www.labourbureaunew.gov.in.
sd/-
(AMRIT LAL JANGID)
DEPUTY DIRECTOR

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