Representation of Minority Communities in Central Government Services - Departmentwise details

Representation of Minority Communities in Central Government Services - Departmentwise details

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

UNSTARRED QUESTION NO 2157

ANSWERED ON   18.12.2013

REPRESENTATION OF MINORITY COMMUNITIES

2157 . Shri YASHVIR SINGH
NEERAJ SHEKHAR

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether 10.18% people from minority communities were employed in Central Government services in 2010-11;
(b) if so, the details thereof, departmentwise;
(c) whether the representation of minority communities in the Central Government jobs has decreased to 7.73% in 2012-13;
(d) if so, the details thereof and the reasons therefor; and

(e) the steps taken/proposed to be taken in this regard?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (SHRI V. NARAYANASAMY)

(a) & (b): Available data received from 71 Ministries / Departments is enclosed as Statement - I.

(c): Received data from 70 Ministries / Departments is enclosed as Statement - II.

(d): As per information received from Ministries/ Departments for decline in recruitment of candidates from Minority communities are as under:-


1. The rise and fall in the recruitment of minorities community depends upon the number of applications received and the percentage of qualifying candidates of the minority community.
2. There is no reservation in recruitment for minorities.
3. Dependence on traditional/religious education.
4. Low literacy level and non-availability of suitable candidates.
5. Adequate number of minority community candidates do not qualify in the selection process i.e. PST/PET/Written Examination/Medical examination and candidate with low scoring in written examination do not find in the merit of selected candidates, etc.

(e): Instructions have been issued vide letter number 39016/2(s)/2009-Estt.(B) dated 17.09.2011 to all appointing authorities to scrupulously observe the following guidelines :-

(i) The composition of Selection Committees should be representative. It should be mandatory to have one member belonging to SC/ST and one member belonging to minority community in Selection Boards / Communities for making recruitment to 10 or more vacancies.

(ii) Where the number of vacancies against which selection is to be made is less than 10, efforts should be made to have the Scheduled Caste / Tribes officer and a Minority community officer included in such Communities / Boards.

(iii) Wide publicity should be given to all appointments in Government, public sector banks and financial institutions. Advertisements should be issued in the language(s) spoken by large number of people of the State / UTs, apart from English and Hindi. Further, for Group C level posts level posts, having only basic qualifying requirements, information about vacancies for recruitment should also be disseminated through schools and colleges in that area, in addition to normal channels.

(iv) Where there is concentration of minority community population in local areas, the vacancy circular in local language may be distributed in those areas by suitable arrangements. These instructions have been reiterated from time to time.

Source: Statements
[http://164.100.47.132/Annexture/lsq15/15/au2157.htm]

Amendment in Income Tax Act at a Glance: Explanatory notes to the Provisions of the Finance Act, 2013

Amendment in Income Tax Act at a Glance: Explanatory notes to the Provisions of the Finance Act, 2013

 CIRCULAR NO.03/2014

F. No. 142/24/2013-TPL
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Direct Taxes)
*******

Dated, the 24th January, 2013

EXPLANATORY NOTES TO THE PROVISIONS OF THE FINANCE ACT, 2013

CIRCULAR

INCOME-TAX ACT

Finance Act, 2013 ─ Explanatory Notes to the Provisions of the Finance Act, 2013
CIRCULAR NO. 03/2014, DATED 24th JANUARY, 2014

AMENDMENTS AT A GLANCE

Section/Schedule	Particulars/Paragraph number
	Finance Act, 2013
First Schedule	Rate Structure, 3.1 - 3.4
	Income-tax Act, 1961
2	Change in the definition of capital asset, 4.1-4.5
10	Change in the definition of keyman insurance policy, 5.1 – 5.5; exemption to income of investor Protection Fund of depositors, 6.1-6.3 ; pass through status to certain Alternative Investment Funds, 7.1 – 7.4; exemption of income received in India in Indian currency by a foreign company, 8.1 – 8.4; exemption to National Financial Holdings Company Limited, 9.1 – 9.3.
Insertion of new section 32AC	Incentive for acquisition and installation of new plant or machinery by manufacturing company, 10.1-10.4.
36	Clarification for amount to be eligible for deduction as bad debts in case of banks, 11.1 - 11.8.
40	Disallowance of certain fee, charge, etc. in case of State Government Undertakings, 12.1 - 12.3.
Insertion of new section 43CA	Computation of income under the head ―profits and gains of business or profession‖ for transfer of immovable property in certain cases, 13.1 – 13.4.
56	Taxability of immovable property received for inadequate consideration, 14.1 – 14.4.
80C	Raising of limit of percentage of eligible premium for life insurance policies of persons with disability or disease, 15.1 – 15.6.
80CCG	Expanding the scope and deduction and its eligibility under the section, 16.1 - 16.5.
80D	Deduction for contribution to Health Schemes similar to Central Government Health Scheme (CGHS), 17.1 -17.3.
Insertion of new section 80EE	Deduction in respect of interest on loan sanctioned during financial year 2013-14 for acquiring residential house property, 18.1 – 18.4.
80G	One hundred per cent deduction for donation to National Children‘s Fund, 19.1- 19.4.
80GGB & 80GGC	Contribution not to be in cash for deduction under section 80GGB & 80GGC, 20.1 – 20.3.
80-IA	Extension of the sunset date under the section for the power sector, 21.1 – 21.3.
80JJAA	Deduction for additional wages in certain cases, 22.1 – 22.6.
87 and Insertion of new section 87A	Rebate of 2000 for individuals having total income up to Rs. 5 lakh, 23.1 – 23.4.
90 and 90A	Tax Residency Certificate, 24.1-24.5.
Omission of Chapter X-A relating to general Anti- Avoidance Rule and Insertion of new Chapter X- A, omission of section 144BA and insertion of new section 144BA, amendment of sections 144C, 153D, 245N, 245R, 246A, 253 and 295	General Anti Avoidance Rule (GAAR), 25.1-25.5.
115A	Taxation of income by way of Royalty or fees for technical services, 26.1 - 26.4.
115BBD	Lower rate of tax on dividends received from foreign companies, 27.1 – 27.3.
115-O	Removal of the cascading effect of Dividend Distribution Tax (DDT), 28.1 – 28.5.
Insertion of new Chapter XII-DA	Additional income-tax on distributed income by company for buy-back of unlisted shares, 29.1 – 29.4.
115R	Rationalisation of tax on distributed income by the Mutual Funds, 30.1 – 30.5.
Insertion of new Chapter XII-EA	Taxation of securitisation trusts, 31.1 - 31.4.
132B	Application of seized assets, 32.1 – 32.3.
138	Replacement of terms ―Foreign Exchange Regulation Act, 1947‖ and Foreign Exchange Regulation Act, 1973‖ with ―Foreign Exchange Management Act, 1999‖, 33.1 – 33.4.
139	Return of income filed without payment of self-assessment tax to be treated as defective return, 34.1- 34.3.
142	Direction of special audit under sub-section (2A) of the section, 35.1 – 35.3.
153 and 153B	Exclusion of time I computing the period of limitation for completion of assessments and reassessments, 36.1 – 36.6; time limit for completion of assessment or reassessment where reference is made to the transfer pricing officer, 37.1 – 37.6.
167C and 179	Clarification of the phrase ―tax due‖ for the purposes of recovery in certain cases, 38.1 – 38.3.
Insertion of new section 194-IA	Tax Deduction at Source (TDS) on transfer of certain  immovable properties (other than agricultural land), 39.1- 39.6.
Insertion of new section 194LD, amendment of sections 115AD, 195 and 196D	Income by way of interest on certain bonds and Government securities, 40.1 – 40.2.
204	Meaning of person ―responsible for paying‖ under Chapter XVII, 41.1 – 41.4.
206AA	Exemption from requirement of furnishing PAN under section 206AA to certain non-resident bond holder, 42.1 - 42.3.
206C	Removal of exemption from levy of Tax Collection at Source (TCS) to cash sale of any coin or any other article weighing 10 grams or less, 43.1 – 43.2.
252	Appointment of President of the Appellate Tribunal, 44.1 – 44.4.
Substitution of new section for section 271FA	Penalty under section 271FA for non-filing of Annual Information Return, 45.1 – 45.5.
Fourth Schedule	Extension of time for approval, 46.1 – 46.5.
	Wealth-tax Act, 1957
2	Change in the definition of capital asset, ; exemption from wealth tax to agricultural land situated in urban area, 47.1 – 47.3.
Insertions of new sections 14A and 14B and amendment of section 46	Enabling provisions for facilitating electronic filing of annexure-less return of net wealth, 48.1 - 48.4.
	Finance (No.2) Act, 2004
Section 98 of the Finance (No.2) Act, 2004	Rationalisation of securities transaction tax rates, 49.1 – 49.3.
	Chapter VII, Finance Act, 2013
Chapter VII of the Finance Act, 2013 and amendment in sections 36 and 43 of the Income- tax Act, 1961	Commodities Transaction Tax, 50.1 – 50.6.2.

1. Introduction
2. Changes made by the Act
3. Rate structure
4. Amendment in the definition of Capital Asset
5. Keyman insurance policy
6. Exemption to income of Investor Protection Fund of depositories
7. Pass through Status to certain Alternative Investment Funds
8. Exemption of income received in India in Indian currency by a foreign company
9. Exemption to National Financial Holdings Company Limited
10. Incentive for acquisition and installation of new plant or machinery by manufacturing company
11. Clarification for amount to be eligible for deduction as bad debts in case of banks
12. Disallowance of certain fee, charge, etc. in the case of State Government Undertakings
13. Computation of income under the head “Profits and gains of business or profession” for transfer of immovable property in certain cases
14. Taxability of immovable property received for inadequate consideration
15. Raising the limit of percentage of eligible premium for life insurance policies of persons with disability or disease
16. Expanding the scope of deduction and its eligibility under section 80CCG
17. Deduction for contribution to Health Schemes similar to CGHS
Deduction in respect of interest on loan sanctioned during financial year 2013-14 for acquiring residential house property
19. One hundred percent deduction for donation to National Children’s Fund
20. Contribution not to be in cash for deduction under section 80GGB & section 80GGC
21. Extension of the sunset date under section 80IA for the power sector
22. Deduction for additional wages in certain cases
23. Rebate of Rs. 2000 for individuals having total income up to Rs. 5 lakh
24. Tax Residency Certificate
25. GENERAL ANTI-AVOIDANCE RULE (GAAR)
26. Taxation of Income by way of Royalty or Fees for Technical Services
27. Lower rate of tax on dividends received from foreign companies
28. Removal of the cascading effect of Dividend Distribution Tax (DDT)
29. Additional Income-tax on distributed income by company for buy-back of unlisted shares
30. Rationalisation of tax on distributed income by the Mutual Funds
31. Taxation of Securitisation Trusts
32. Application of seized assets under section 132B
33. Replacement of terms “Foreign Exchange Regulation Act, 1947” and “Foreign Exchange Regulation Act, 1973” with “Foreign Exchange Management Act, 1999”
34. Return of Income filed without payment of self- assessment tax to be treated as defective return
35. Direction for special audit under sub-section (2A) of section 142
36. Exclusion of time in computing the period of limitation for completion of assessments and reassessments
37. Time limit for completion of assessment or reassessment where reference is made to Transfer Pricing Officer.
38. Clarification of the phrase “tax due” for the purposes of recovery in certain cases
39. Tax Deduction at Source (TDS) on transfer of certain immovable properties (other than agricultural land)
40. Income by way of interest on certain bonds and Government securities
41. Meaning of “person responsible for paying” under Chapter XVII
42. Exemption from requirement of furnishing PAN under section 206AA to certain non-resident bond holder.
43. Removal of exemption from levy of Tax Collection at Source (TCS) to cash sale of any coin or any other article weighing 10 grams or
less
43. Removal of exemption from levy of Tax Collection at Source (TCS) to cash sale of any coin or any other article weighing 10 grams or less
44. Appointment of President of the Appellate Tribunal
45. Penalty under section 271FA for non-filing of Annual Information Return
46. Extension of time for approval in Part A of the Fourth Schedule to the Income-tax Act, 1961
47. Exemption from wealth tax to agricultural land situated in urban area.
48. Enabling provisions for facilitating electronic filing of annexure-less return of net wealth
49. Securities Transaction Tax (STT)
50. Commodities Transaction Tax

-sd-
[Ashis Mohanty]
Under Secretary to the Government of India
Dated 24.01.2024
[F. No. 142/24/2013-TPL]

Source:  www.incometaxindia.gov.in
via: Karnmk.blogspot.in

Voluntary Retirement: Fundamental (First Amendment) Rules, 2014

 Voluntary Retirement: Fundamental (First Amendment) Rules, 2014:-

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training )

NOTIFICATION

New Delhi, the 17th January, 2014

G.S.R. 27(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, and in consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rule further to amend the Fundamental Rules, 1922, namely :—

1. (1) These rules may be called the Fundamental (First Amendment) Rules, 2014. (2) They shall came into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rule, 1922, in rule 56, —

(a) in clause (k), in sub-clause (1), for item (c), the following shall be substituted namely :

“(c) it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire under this clause, if,—

(i) the Government servant is under suspension: or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) 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.”;


(b) for clause (m), the following shall be substituted, namely :—

“(m) A Government servant in Group ‘C’ post who is not governed by any pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty year’s service :

Provided that it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire proceedings.”;

(i) the Government servant is under suspension; or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) 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.”;

[No. 2501313/2010-Estt. (A-IV)]
MAMTA KUNDRA, Jt. Secy.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_3_2010-Estt.A-IV-17012014.pdf]

Government mechanism available for redressal of pensioners grievances

Government mechanism available for redressal of pensioners grievances

 The pensioners grievances are registered and monitored through online Centralized Pension Grievance Redressal and Monitoring System (CPENGRAMS), a web based application taken up under the National e-Governance Plan (NeGP). To help pensioners lodge their grievances and to provide related information the Department of Pension and Pensioners’ Welfare (DOPPW) has identified 30 pensioner associations across the country. The pendency of the grievances is monitored by holding review meetings with nodal officers of Ministries/Departments and 7 such meetings have been held during the current financial year. This has resulted in redressal of about 22000 out of 29,000 grievances during the current calendar year (upto 12/12/2013).

These pensioners’ associations have been functioning as facilitators between the pensioners on the one hand and the pension sanctioning authorities on the other. The meetings of Standing Committee of Voluntary Associations (SCOVA), of which some Associations are the members, are held twice a year under the Chairmanship of Minister of State also to discuss the various issues pertaining to the pensioners.

Above information was given by Ministry of Personnel, PG & Pension in reply of undermentioned Lok Sabha Question:-

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

UNSTARRED QUESTION NO 2169

ANSWERED ON 18.12.2013

PENSIONERS GRIEVANCES

2169 . Shri P.R. NATARAJAN

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether there is any Government mechanism available for redressal of pensioners` grievances;

(b) if so, the details thereof;

(c) whether the pensioners` associations, if any, have been accorded any legal authority to represent the grievances of pensioners; and

(d) if not, the reasons therefor?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (SHRI V. NARAYANASAMY)

(a) to (d):  ** see above **

Source: Lok Sabha Q&A
via: Karnmk.blogspot.in

Guidelines on Air Travel on Tours/LTC: DoE instructions to CBDT

Guidelines on Air Travel on Tours/LTC: DoE instructions to CBDT:-

    "Either the air tickers are booked through an agent other than the Authorized Travel Agents or the journey is performed by the private air fines in contravention of the instructions issued by the Department of Expenditure."

No. A-27023/1/2014-Ad.VI(A)
Government of India
Ministry of Finance
Department of Revenue
(Central Board Direct Taxes)

New Delhi, the 24th January, 2014

To
All CCsIT/DGF.IT

Subject:- Guidelines on Air Travel on Tours/LTC.

Sir/Madam,
I am directed to enclose herewith a copy of O.M. Dy. No. 212615/Cash-2013 dated 22nd January, 2014 received from the Cash Section, Department of Revenue, New Delhi on the subject cited above for information and strict adherence I n the Department of Expenditure's O.M. No. 19024/1 /2009-E.IV, dated 16.09.2010(copy enclosed) on air travel on tours/LTC by IRS(IT) officers.
Encl. as above.

Yours faith fully,
sd/-
(RajKumar)
Under Secretary to the Government of India

Dy.No.212615/Cash-2013
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE

New Delhi, the 2nd January 2014

OFFICE MEMORANDUM

Subject: Guidelines on Air Travel on Tours/LTC

The undersigned is directed lo invite a reference to Ministry of Finance, Department of Expenditure's O.M.No.19024/1/2009-E.IV. dated 16.09.2010 (copy enclosed) on the subject cited above.


2. It has been observed that various instances have come to the notice that officers from Department of Revenue and the Iwo Boards Central Board of Direct Taxes and Central Board of Excise and Customs are still not following the guidelines provided the Department of Expenditure's O.M, referred above. Either the air tickers are booked through an agent other than the Authorized Travel Agents or the journey is performed by the private air fines in contravention of the instructions issued by the Department of Expenditure. Therefore oil the concerned officers are requested to strictly adhere to the instructions of Department of Expenditure on the air travel on tours/LTC.

sd/-
(Rajinder Kumar)
Under Secretary to the Govt. of India

F.No.19024/1/2009-E.IV

Government of India
Ministry of Finance
(Department of Expenditure)

New Delhi dated the 16th September, 2010.

OFFICE MEMORANDUM

Subject: Guidelines on Air Travel on Tours/LTC.

This Department is receiving repeated references seeking clarifications with regard to purchase of Air tickets through authorized agents and relaxation for travel by Airlines other than Indian Airlines. The following guidelines may be noted for compliance:

1. On Official Tours:

(i) For travel by Airlines other than Air India because of operational or other reasons or on account of non-availability of Air India flights, individual cases for relaxation to be referred to M/o Civil Aviation, as stated in this Ministry's OM No. 19024/1/2009-E.IV dated 13.07.09.

(ii) Air Tickets may be purchased directly from Airlines (at Booking counters/Website of Airlines) or by utilizing the services of Authorized Travel Agents viz. M/s Balmer Lawrie & Company, M/s Ashok Travels & Tours.

2. LTC:

(i) Travel by Air India only.

(ii) In Economy class only, irrespective of entitlement.

(iii) LTC-80 ticket of Air India only to be purchased.

(iv) Air Tickets may be purchased directly from Airlines (at Booking counters/Website of Airlines) or by utilizing the services of Authorized Travel Agents viz. M/s Balmer Lawrie & Company, M/s Ashok Travels & Tours and IRCTC (to the extent IRCTC is authorized as per DoP&T OM No. 31011/6/2002-Estt.(A) dt. 02.12.09).

3. LTC for J&K:

(i) Relaxation to travel by Private Airlines to visit J &K while availing LTC is available to all the categories of Govt. employees, including those entitled to travel by Air [DoP&T OMs No. 31011/2/2003-Estt.(A-IV) dated 18.06.10 and 05.08.10 refer].

(ii) For purchase of Air tickets, however, the procedure as given under para 2 (iv) above should be followed.

4. All Ministries/Departments of Govt. of India are requested to strictly adhere to these instructions.

Under Secretary to the Govt. of India.

Source: http://irsofficersonline.gov.in/Documents/OfficalCommunique/1127201410619.PDF

AIRF: Holding of meeting of the Standing Committee of National Council (JCM) for finalization of Terms of Reference

Holding of meeting of the Standing Committee of National Council (JCM) for finalization of Terms of Reference of – AIRF

 All India Railwaymen’s Federation

No.AIRF/405( VII CPC)

Dated: January 23, 2014

The Director(JCA) & Member Secretary,
National Council(JCM),
Government of India,
Department of Personnel & Training,
Ministry of Personnel, Public Grievances & Pensions,
North Block,
New Delhi-110001

Dear Sir,
Sub: Holding of meeting of the Standing Committee of National Council(JCM) for finalization of Terms of Reference of

In the meeting held on 24.10.2013, under the chairmanship of Secretary, DoP&T, to discuss the Terms of Reference for VII CPC, Secretary,National Council (JCM) (Staff Side), Shri Umraomal Purohit had demanded a meeting with the Secretary(EXP.) and DoP&T before finalization of Terms of Reference of VII CPC.

Despite elapsing a period of around three months, nothing has been heard in this regard.

We, therefore, request that an urgent meeting should be held with the Secretary(ExP.) and DoP&T for finalization of Terms of Reference of VII CPC.

Yours faithfully,
sd/-(Shiva Gopal Mishra)
General Secretary

Source : AIRF

Granting of 3rd MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments: BPMS Letter to MoD

Granting of 3rd MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments: BPMS Letter to MoD

Granting of 3rd MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th  CPC – Clarification regarding.

BHARTIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)

REF: BPMS / MACPS / 64 (7/3/M)

Dated: 16.01.2014

To,
The Secretary,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi – 110011

Subject: Granting of 3rd  MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th  CPC – Clarification regarding.

Reference: 1. MOD I.D. No. 11(5)/2009-D (Civ-I), Dated 28.12.2013

Respected Sir,
 With due regards, your attention is invited to S.R.O. 13(E) Dated 04.05.1989 / S.R.O.-191 dated 28.11.1994 / S.R.O.-66 dated 27.05.2003 “Indian Ordnance Factories Group C Supervisory and Non-Gazetted Cadre (Recruitment and Conditions of Service) Rules” which stipulates that the post of Chargeman (Tech) will be filled up by-

(a) 25% by direct recruitment after adjustment of surplus and transfer,
(b) 25% by Limited Departmental Examination and
(c) 50% by promotion from panel prepared by relevant DPC for each category
 and on failure of recruitment by promotion, by transfer failing which by direct recruitment {as mentioned in Point No. 2 of Annexure to OFB Letter No. 01/CR/A/I/Vol.II/658, dated 21.02.2011}.

It further stipulates that the post of Chargeman will be filled up by Promotion from Draughtsman or equivalent in scale of Rs.1200-2040 with 3 years service and by promotion from Highly Skilled Grade-I with 3 years of regular service failing which from Highly Skilled Grade-II with 6 years regular service in respectively category.

The above Recruitment Rule (SRO) nowhere says that the post of Chargeman will be filled by promotion from Master Craftsman.

It is to be noted that the post of Master Craftsman was created in pursuance of the recommendations of the 3rd Central Pay Commission made in Chapter 19 of Volume I of its Report, vide MOD letter No. 1(2)/80/D(Civ-I), dated 21.09.1982 in the pay scale of Rs. (425 – 640) at par with the Chargeman. Para 2(iv) of the letter stipulates that the incumbents selected for the post of Master Craftsman will forego their normal promotion to the supervisory grade; i.e., Chargeman.

The pay scale of Master Craftsman & Chargeman was revised to Rs. (1400 – 2300) as per 4th CPC but the 5th  CPC revised the pay scale of Master Craftsman to Rs. (4500 – 7000) whereas Chargeman was revised & upgraded to Rs. (5000 – 8000) w.e.f. 01.01.1996.

 Subsequently, Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of the 5th CPC has been introduced vide MOD letter No.11(1)/2002/D(Civ-I), dated 20.05.2003 which states that the post of Master Craftsman shall not be part of the hierarchy and the placement in this grade will not be treated as promotion for Highly Skilled Grade either under normal promotion rules or under ACP Scheme. Para 4(iv) of the letter states that the post of Master Craftsman (Rs. 4500 – 7000) shall continue to be considered as Highly Skilled grade for the purpose of promotion to the grade of Chargeman-II (Rs. 5000 – 8000).

It is worth to mention here that Hon’ble Supreme Court of India has already decided that the administrative instructions cannot be issued in contravention of the statutory rules {C&AG of India vs. Mohan Lal Mehrotra, 1991 Lab IC (SC) 2328, para 22} and that there can be no dispute with the proposition that a rule framed under the Proviso to Art. 309 of the Constitution cannot be modified by an executive order {State of Maharashtra & Anr vs Chandrakant Anant Kulkarni & Ors: 1981 AIR 1990, 1982 SCR (1) 665}

The Supreme Court has held in the case of “Sant Ram Sharma vs State Of Rajasthan & Anr : 1967 AIR 1910, 1968 SCR (1) 111” as under:-

    “It is true that Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point Government can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed.”

Contrary to above, vide letter cited under reference MOD has communicated that the idea of exclusion of the post of Master Craftsman (MCM) from further promotions in the hierarchy (Chargeman in the same Grade Pay) has not found favour with the Defence Finance.

 We are surprised to construe from above that Defence Finance may promote any person on any post which may be against the provisions of relevant Recruitment Rules (SRO) made under the proviso of Article 309 of the Constitution of India.

Here, we would like to draw your attention to Para 3.1 of Govt. of India, DoP&T O.M. No. 22011/5/86-Estt.(D), dated 10th April, 1989 issued as consolidated instructions on Departmental Promotion Committee, which stipulates as under:-

   “ ….. A vacancy shall be filled in accordance with the recruitment rules in force on the date of vacancy, unless rules made subsequently have been expressly given retrospective effect. Since amendments to the recruitment rules normally have only prospective application, the existing vacancies should be filled as per the recruitment rules in force. Holding of DPC meetings need not be delayed or postponed on the ground that recruitment rules for a post are being reviewed/amended.”

It is worth to mention here that Para 2 of Annexure - I of DOP&T O.M. No. 35034/3/2008-Estt. (D), dated 19.05.2009 of MACPS provides that the MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section I, Part – A of the first schedule of the CCS (RP) Rules, 2008 and which is as under;

Grade Pay Rs. 1800/- Grade Pay Rs. 4200/-
Grade Pay Rs. 1900/- Grade Pay Rs. 4600/-
Grade Pay Rs. 2000/- Grade Pay Rs. 4800/-
Grade Pay Rs. 2400/- Grade Pay Rs. 5400/-
Grade Pay Rs. 2800/- Grade Pay and so on
 
Hence, a person who is drawing grade pay of Rs. 4200 due to 02 promotions/ACPs and completes 30 years regular service on or after 01.09.2008 will be granted financial upgradation under 03rd MACPS in grade pay of Rs. 4600/-.

 Therefore, you are requested to review the referred clarifications and withdraw the same without further delay and clarify that since the post of MCM was not in hierarchy of artisan staff cadre upto 31.12.2005, the Highly Skilled worker/MCM who were already drawing the pay scale of Rs. (5000 – 8000) under ACP Scheme may be considered for further financial upgradations in the next Grade Pay (Rs. 4600) in the hierarchy of Grade Pays.

Thanking you.

Yours Sincerely
 sd/-
 (MUKESH SINGH)
 Secretary/BPMS &
 Member JCM-II (MOD)

Source: http://bpms.org.in/documents/macp-mcm-4tdp.pdf
via: Karnmk.blogspot.in

Kendriya Vidyalayas set to switch to 5-day week for primary classes

Kendriya Vidyalayas set to switch to 5-day week for primary classes
Written by Anubhuti Vishnoi | New Delhi | January 27

All Kendriya Vidyalayas (KVs) across the country are likely to switch to a five-day week for primary classes (up to Class 5) from the new academic session.

The proposal for a five-day week to “give space for students to pursue self-learning as per their aptitude and interest” is set to be taken up by the Board of Governors of the Kendriya Vidyalaya Sangathan on Tuesday. Officials said the board was likely to clear the move. However, a proposal to cut the working hours of KV teachers was unlikely to be passed, said sources.

HRD Minister Pallam Raju chairs the board, while Minister of State Jitin Prasada is a member.  The proposal to switch to a five-day schedule is in keeping with the Right to Education Act. The proposal was first mooted by the KVs in 2012, but was rejected.

“There should be no objection to a five-day week for primary students as the KVs will still be able to meet the 200 school days requirement mandated under the Right to Education (RTE) Act. The schools will also be able to meet the stipulated minimum teaching hours requirement under the Act. So there is little argument to subject the younger children to an extra day at school,” said an official.

The KVs have increased working hours for teachers from 6 hours 10 minutes to 7 hours 30 minutes, as stipulated under the RTE Act. Teachers have opposed the decision.

Source: http://indianexpress.com
[http://indianexpress.com/article/india/india-others/kendriya-vidyalayas-set-to-switch-to-5-day-week-for-primary-classes/]

Implementation of post based roster under OM dated 2.7.1997

Implementation of post based roster under OM dated 2.7.1997

 GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

UNSTARRED QUESTION NO 2128

ANSWERED ON 18.12.2013

POST BASED ROSTER

2128 . Shri A.T. NANA PATIL

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Government has issued the guidelines regarding implementation of post based roster under OM dated 2.7.1997 as per directives of the Supreme Court in the case of R.K. Sabharwal vs. State of Punjab;

(b) if so, whether these directives of the Supreme Court in the said case are not applicable to the services and posts under different States;

(c) if so, whether the said OM has been issued to all the State Governments and if so, the details thereof;

(d) whether review of implementation of this OM by the States is taken by his Ministry every year;

(e) if so, whether the Ministry has received representations mentioning violation of this OM by Maharashtra, Uttar Pradesh and Rajasthan; and

(f) if so, the action being taken by the Government to implement the Supreme Court direction in the case of R.K. Sabharwal vs. State of Punjab in the above States?


ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (SHRI V. NARAYANASAMY)

(a): Yes, Madam.

(b): The directives of the Hon’ble Supreme Court in the R.K.Sabharwal case are applicable to the Central Government as well as to the State Governments.

(c): No, Madam. The services under the State come under the list-II i.e. ‘State List’ of the Constitution and it is for the respective State Governments to issue necessary orders/instructions to comply with the directives of Hon’ble Supreme Court. Hence, any violation of the directives of the Supreme Court in service matters is also the concern of the respective State Governments.

(d): Does not arise, in view of reply given in respect of (c) above.

(e) & (f): Representations if any, received from time to time against non- implementation of the Post based roster by State Governments are forwarded to them for appropriate action.

Source: Lok Sabha Q&A
via: http://karnmk.blogspot.in/2014/01/implementation-of-post-based-roster.html

Fixed Medical Allowance: Reduction of jurisdiction of Postal Dispensaries from 8 km. to 2.5 km at par with the Railways

Fixed Medical Allowance: Reduction of jurisdiction of Postal Dispensaries from 8 km. to 2.5 km at par with the Railways

 Reduction of jurisdiction of Postal Dispensaries for the purpose of Fixed Medical Allowance to pensioners from 8 km. to 2.5 km at par with the Railways- DoT Order:-

No. 4-12(07)/2013-PAT
Government of India
Ministry of Communications &1.T.
Department of Telecommunications
Sanchar Bhavan, 20-Ashoka Road

New Delhi 110001
Dated : 7-01-2014

OFFICE MEMORANDUM

Subject: Jurisdiction of Postal Dispensaries located at Guntur, Rajamundry, Net lore, Vijaywada, Vishakhapatnam, Dibrugarh, Silchar, Chhapra, Darbhanga, Gaya, Muzaffarpur, Raipur, Vadodara, Ambala, Dhanbad, Behrampur, Cuttack, Amritsar, Jalandhar, Ajmer, jodhpur, kota, Tirchirappalli, Tirunelveli, Agra, Aligarh, Bareilly, Gorakhpur, Moradabad, Saharanpur, Varanasi, Jalpaigiri and Siliguri with regard to FMA for pensioners.

In pursuance to that Deptt. of Post order No.2-2/2012-Medical dated 16.8.2013, I am directed to convey the instructions with regard to P&T dispensaries located at above mentioned places and FMA to pensioners are as below:-

1.    The reduction in jurisdiction of the above mentioned postal dispensaries for the purpose of Fixed Medical Allowance to pensioners from 8 km. to 2.5 km at par with the Railways.

2.    These order shall supercede all earlier orders on the subject and shall come into force w.e.f 01.09.2013.

3.    All pensioners residing beyond 2.5 km. radius of the above cited dispensaries and desirous of availing Fixed Medical Allowance shall give an undertaking to this effect and surrender their Postal Dispensary cards to the Incharge of their respective dispensaries, who shall endorse the same on the said undertaking for submission to the Pension Paying Authority.

4.    The Pension Paying Authority shall make necessary entries on the PPO of the Pensioner concerned and disburse FMA along with the pension as per prevailing rates (at present it is Rs.300/- per month).

sd/-
(Sanjay Agrawal)
Asstt Director General to the Govt. of India

Source: http://dot.gov.in/sites/default/files/DOC090114-002.pdf
via: karnmk.blogspot.in