Highlights of OROP Notification

Highlights of OROP Notification :

Central Government today issued the notification regarding implementation of ‘One Rank One Pension’ in respect of Defence Forces personnel.

Highlights of the OROP as stated in the Order are as follows:

Benefit over 25 lakh veterans and war widows

Pension of past pensioners would be re-fixed on the basis of pension of retirees of 2013 & the benefit will be from 1 July 2014.

Who opt to get discharged on their request would henceforth not get OROP benefits
Pension will be re-fixed as per average of min & max pension of personnel retired in 2013 in same rank & same length of service.

Pension for those drawing above the average shall be protected.

Arrears will be paid in four equal half yearly installments.

All family pensioners including those getting Spl/Liberalized family pension & Gallantry award winners to get arrears in 1 installment.

In future, the pension would be re-fixed every 5 years.

Personnel who opt to get discharged, now on, on their request will not get benefits of OROP. It will be effective prospectively.

Judicial Commission will be constituted to iron out the anomalies which shall submit its report in 6 months

OROP tables based on 2013 will be made available very soon.

OROP Notification issued by Central Government for Defence Forces personnel

Notification for Implementation of OROP Issued

The Government today issued the notification regarding implementation of ‘One Rank One Pension’ in respect of Defence Forces personnel.

Defence Forces of India have a rich history and tradition of bravery and gallantry. Defence forces have not only defend our borders with exemplary courage and valour but have also performed with fearless attitude and empathy in natural calamities and other trying circumstances. Government of India recognizes and respects their contribution.

The issue of One Rank One Pension was a long standing demand. Defence Forces had been demanding it for almost four decades but the issue could not be resolved. However, Prime Minister Shri Narendra Modi had made a commitment to implement it for the welfare of the ex-servicemen. Accordingly the Government had announced modalities for implementation of OROP on 05.09.2015. The Government Order by Ministry of Defence, which could not be issued due to model code of conduct, has been issued today.

Salient features of the OROP as stated in the Order are as follows:

I. To begin with, pension of the past pensioners would be re-fixed on the basis of pension of retirees of calendar year 2013 and the benefit will be effective with effect from 1.7.2014.

II. Pension will be re-fixed for all pensioners on the basis of the average of minimum and maximum pension of personnel retiring in 2013 in the same rank and with the same length of service.

III. Pension for those drawing above the average shall be protected.

IV. Arrears will be paid in four equal half yearly instalments. However, all the family pensioners, including those in receipt of Special/Liberalized family pensioners, and Gallantry award winners shall be paid arrears in one instalment.

V. In future, the pension would be re-fixed every 5 years.

4. Personnel who opt to get discharged henceforth on their own request under Rule 13(3)1(i)(b),13(3)1(iv) or Rule 16B of the Army Rule 1954 or equivalent Navy or Air Force Rules will not be entitled to the benefits of OROP. It will be effective prospectively.

5. The Govt. has decided to appoint a Judicial Committee to look into anomalies, if any, arising out of implementation of OROP. The Judicial Committee will submit its report in six months.

6. Detailed instructions along with tables indicating revised pension for each rank and each 
category, shall be issued separately for updation of pension and payment of arrears directly by Pension Disbursing Agencies.
The previous Government had made a budget announcement to implement the OROP and made a provision of Rs 500 Crore. The present Government undertook the task earnestly and realized that the actual additional annual expenditure would be eight to ten thousand crore at present and will increase further in future. Notwithstanding the financial constraints, true to its commitment the present Government has issued the Government order to implement the OROP in true spirit.

Source: PIB News

Revision of fee payable to various categories of Central Government counsel w.e.f. 01-10-2015: Deptt of Legal Affairs OM

Revision of fee payable to various categories of Central Government counsel w.e.f. 01-10-2015: Deptt of Legal Affairs OM

No. 26(1)/2014/judl.
Government of India
Ministry of Law & Justice
Department of Legal Affairs
Judicial Section

New Delhi the 1st October, 2015

OFFICE MEMORANDUM

Sub: Revision of fee payable to various categories of Central Government counsel.

In partial modification to this Department’s various OMs issued from time to time. the undersigned is directed to convey approval of Competent Authority for the revision of the fee structure applicable to Government counsels of all the categories with immediate effect as per the details given below:-

(A)

The Fee structure applicable to Group ‘A’ ‘B’ and ‘C’ panel Counsel In Supreme Court:-

Sl. No.	Item of work	Revised fee Group ‘A’ Panel Counsel	Revised fee Group’B’& ‘E‘ Panel Counsel
1	All Regular Appeals and defended Writ Petitions (for final hearing)	Rs. 13500/- per case per day	Rs. 9000/- per case per day
2	All defended Admission matters (SLP/TP and writ petitions & other rnisc. matters for admission)	Rs. 9000/- per case per day	Rs. 4500/-per case per day
3	Settling of pleadings	Rs. 5250/- per case	………….
4	Appearance in Miscellaneous Applications	Rs. 4500/- per case	………….
5	Conference	Rs. 900/-per conference	…………
6	Out of Head quarter	Rs. 13500/- daily fee for the days of his absence from HQ	Rs. 9000/- daily fee for the days of his absence from HQ
7	Conveyance charges for performing local journey while outside Headquarter	Rs. 1500/-	Rs. 1500/-
8	Clerkage	Nil	Nil
9	Drafting SLP/Counter Affidavit/ Rejoinder etc.	………	Rs. 1500/- per case
10	Drawing Written Submission	………	Rs. 3000/- per case
11	Drafting of Appearance in Miscellaneous Applications (including mentioning of the case/Caveat/Clearance/obtaining the number and taking date for hearing	………	Rs. 3000/- per case

All other terms and conditions applicable to Group ‘A’, ‘B’, and ‘C’ Panel Counsel in Supreme Court in the ore-revised OM Ho. 21(04)/1999-Judl. dated 24.99.1999 read with OM No. 21(05)/1999-Judi. dated 01.10.2011 shall continue to remain applicable unless specifically revoked/revised.

(B)

The Fee structure applicable to Assistant Solicitors General of various High Courts, Central Government Standing Counsel of Delhi High Court (CGSC), Senior Central Government Standing Counsel (Sr. CGSC) of the various Benches of CAT and Senior Panel Counsels in various High Court / CAT Benches (excluding the High courts of Bombay and Calcutta) as per the following rates:-

Sl. No.	Item of work	Revised fee
1	Retainer Fee of:- Assistant Solicitor General of various High Courts. Central Government Standing Counsel of Delhi High Court (CGSC) and Senior Central Government Standing Counsel (Sr. CGSC) of various Benches of CAT.	Rs. 9000/- per month.
2	Suits, Writ Petitions and Appeals, including oral Applications for Leave to Appeal to Supreme Court in Writ Petitions.	Rs. 9000/- per case per day of effective hearing in case of non-effective hearing Rs. 1500/- per day subject to maximum of 5 hearing
3	Application for Leave to Appeal to Supreme Court in Writ Petitions-	Rs. 3000/- per case
4	Settling pleadings	Rs. 3000/- per case
5	Miscellaneous Application	Rs. 3000/- per case
6	Conference	900/- per conference subject to:- (i) for setting pleadings- one conference. (ii) In respect of hearing of Writ matters. Suits. appeals and Supreme courts leave applications etc- Three conference [Maximum]
7	Miscellaneous and out of pocket expenses	As per actual to the satisfaction of the administrative Ministry/ Department.

All ether terms and condition applicable to Senior Panel Counsels in various High Courts / CAT Benches {excluding the High Courts of Bombay and Calcutta in to this Department‘s, OM No. 24(2)] 99-judl.,OM No. 26(3)99-Judl.. OM No. 25(3)/99-Judl., and OM No. 26(2)/9 Judl., all dated 24.09.99, read with OM No-26(1)/2005-Judl. dated 31.01.2008 and OM No.26(1)/2011- Judl., dated 01.10.2011, shall continue to remain applicable unless specifically  revoked / revised.

[C]

Revision of the fee structure applicable to the Panel Counsel of High Courts as well as of CAT Benches of Bombay and Kolkata:-

Sl. No.	Item of work	Special Counsel	Senior Counsel Group. I	Senior Counsel Group. II	Jr. Counsel Advocate on record
1.	Suits, Appeals, Writ/Revision Petitions including Special Civil Application in the High Court.	Rs.9000	Rs.6000	Rs.3700	Rs.1800
	Per conference/Consultation	Rs.900	Rs.750	Rs.600	Rs.450
2.	Application including interim Motions. Notices. Appeals. Leave Application, Arbitration, Company Matters, Criminal Revision and other Land Acquisition References {per day per effective hearing]	Rs.3000	Rs.3000	Rs.2250	Rs.1350
	Per conference/Consultation	Rs.900	Rs.750	Rs.600	Rs.450
3.	Drafting or Settling Pleadings and Affidavits (per pleadings)	Rs. 3000	Rs.1800	Rs.1500	Rs.1050
	Per conference/Consultation	Rs. 900	Rs.750	Rs.600	Rs.450
4.	Appearance before Arbitration and Tribunals. etc and Courts other than High Courts {Per day per effective hearing }	Rs.7500	Rs.6000	Rs.3750	Rs.2250
	Per conference/Consultation	Rs.900	Rs.750	Rs.600	Rs.450
5.	Chamber Application, including Adjournment Application per day inclusive of consultation	NIL	Rs.1500	Rs.900	Rs.600
6.	Written opinions and written advice including advice on evidence {inclusive of consultation}	Rs.3750	Rs.2250	Rs.1350	Rs.1050

All other terms and conditions applicable to the Counsels of High Courts as well as of the CAT Benches of Bombay and Kolkata in the pre-revised OM No. 23(2)/2001-Judi. & OM No. 22(02)/2001 dated 14th July, 2001 read with 23(2)2011-Judl. dated 1st October shall continue to remain applicable unless specifically/revoked/revised:-

Note:- There will he ne ceiling can the number of conference / consultation in the case of Special Counsel, however in the case case other categories of Counsels. the number of conferences per cases will be limited to four (referable to six at the discretion of the Incharge (Litigation) of Branch Secretariat, Mumbai / Kolkata.

[D]

The Fee structure applicable for Panel Counsel, Delhi High Court and Central Govt. Counsel /Pleader of various High Courts (including Panel Counsel of various CAT, Benches) excluding the High Courts of  Bombay and Calcutta, as Per the following rates:-

Sl. No.	Item of work	Revised fee
1	Civil or Criminal Writ Petitions under Article 226 & 227 of the Constitution, Contempt Petitions. Criminal /Civil Revision Petitions. Reference to the High Court under Sales Tax Act and Banking Company Petitions.	Rs. 2250/- per effective hearing Rs. 450/- per non-effective hearing (subject to maximum of five hearings in a case)
2	Original Suits. Civil Appeal from Decrees in Suits and proceedings including second appeal and land acquisition appeal except LPA from Petitions under Article 226 & 227 of the Constitution (including drafting fee)	Ad. Valoram / regulation fee (subject to maximum of Rs. 45000/-in a case.)
3	Company Petitions	To be regulated by the rule contained in Appendix (iii) of the Company (Court) Rules, 1959
4	Drafting of civil Misc. applications to petitions under the Indian Succession  Act, Contempt of Court proceedings and other proceedings of an original nature	Rs. 1350/- per petition
5	Drafting of Civil Misc. applications to petitions under the Indian Succession Act, Contempt of Court proceedings and other proceedings of an original nature	Rs.1,125/- per petition
6.	Civil Misc. petitions. forma paupers, transfer petitions and other civil misc. petitions of routine nature	Rs.450/- per petition
7.	Consultation / conference fee	Rs.450/- per conference (subject to consultation maximum of 4 conferences in a case)
8	Appearance before the High Court in application under Section 34 & 37 of the Arbitration and Conciliation Act. 1996 Appearance before Arbitrator/Umpires etc.	Rs.2,250/- per effective hearing Rs. 450/- per non effective hearing [subject to a maximum of 5 hearing in a case). Rs.450/- per non-effective hearing (subject to a maximum of 5 hearings in a case).

All other terms and condition applicable to above mentioned Counsels in to this Department’s, in OM Ho. 24(2)/99-.Judl., OM No. 26(1)/99-Judl., OM No. 25(3}/99-Judl. and OM No. 26(2)/99-Judl. dated 24.09.99 read with OM Ho. 26(1)/2005-Judl. dated 31.01.2008 and shall continue to remain applicable unless specifically revoked/revised.

(E)

The Fee structure Standing Govt. Counsel and Additional Standing Govt. Counsel in the District and Subordinate Courts:-

 

Sl. No.	Item of work	Revised fee
1.	Retainer fee for Standing Govt. Counsel	Rs.6000 per month
2.	Fee for effective hearing	Rs. 1800 per dav
3.	Fee for non-effective hearing	Rs. 600 per day (not more than 5 such hearings in a case)
4.	Fee for drafting Written  Statement, Grounds of Appeal etc.	Rs. 1500 per pleading
5.	Fee for drafting other pleadings of misc. nature misc. nature	Rs. 600 per pleading
6.	Fee per Conference	Rs. 900 (subject to maximum of 5 such conferences in a case / group of identical cases)
7.	Daily fee for out of Headquarters	Rs.2700 per day
8.	Conveyance charges for local journey outside Headquarters	Rs. 900 [lump sum]
9.	Expenses for stay in hotels	Rs. 1800 per day
10.	Clerkage	@ 10% of total fee excluding of miscellaneous and out of pocket expenses (maximum Rs. 5250 in a case)
11.	Fee for identical Cases	Full fee in the 1st case and Rs. 750 in per suit for connected cases (max. 3 cases)
12.	Miscellaneous and out of pocket expenses	As per actual to the satisfaction of the administrative Department.

All other terms and conditions applicable to above mentioned Counsels in tothis Department’s, OM No. 27/l11)/1999-Judl dated 24.09.1999 read with OM No. 27(25)/2011-Judl. dated 01.09.2011. shall continue to remain applicable unless specifically revoked/revised

(F)

The Fee structure applicable to Senior/Junior Arbitration Panel Counsel:-

Sl. No.	Details of work	Proposed Revised fee
1.	Fee for effective hearing
	Senior Counsel	Rs. 2,250/- per appearance
	Junior Counsel	Rs. 1,500/- per appearance
2.	Fee for non-effective hearing
	Senior Counsel	Rs. 450/- per appearance
	Junior Counsel	Rs. 300/- per appearance [maximum four such hearings}
3.	For drafting pleadings
	Senior Counsel	1,500/- per pleading
	Junior Counsel	750/- per pleading
4.	Conference fee
	Senior Counsel	Rs. 450/- per Conference
	Junior Counsel	Rs. 300/- per Conference [maximum four such Conference in a case}
5.	Daily fee out of Headquarters
	Senior Counsel	Rs. 3.000/- per day
	Junior Counsel	Rs. 2.250/- per day

.

All other terms and conditions applicable to OM Ho. 30(3)/99-Judl. dated 24.09.99 read with OM No. 25(11)/2005/Judl. dated 31.01.2008, shall continue to remain applicable unless specifically revoked/revised.

The above revised fee will be effective from 01.10. 2015.

3. The counsel will be paid fee at the old rates in respect of their appearance in the Court etc. and other work done by them prior to 01.10.2015 and at the revised rates in respect of the work done by them on/after 01.10. 2015.

4. This issues with the approval of the Ministry of Finance, Department of Expenditure E.II(B) Branch. ID NoteNo.9(11)/99-E.II(B) dated 02.03.2015 and 07.00.2015.

(Suresh Chandra)

Joint Secretary and Legal Adviser

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NO CGHS Funds for next 2 Months

NO CGHS Funds for next 2 Months

Health Ministry – Started in 1954, the CGHS — with approximately 30 lakh beneficiaries — covers retired and serving central government employees, MPs and their immediate families across 25 Indian cities.

The health ministry has no money left in the Central Government Health Scheme (CGHS) account for the next two months till funds according to the revised estimate are released. Having exhausted the Rs 1,600 crore that was initially allocated, the ministry has now asked for Rs 450 crore more.

The crisis in CGHS, one of the oldest health schemes run by the government, was precipitated by successive budget cuts, said sources.

Started in 1954, the CGHS — with approximately 30 lakh beneficiaries — covers retired and serving central government employees, MPs and their immediate families across 25 Indian cities. A total of 945 private hospitals and 165 diagnostic centres are empanelled with CGHS, which means that treatment in these hospitals for specified conditions are reimbursed by the government. Expenses at government hospitals are automatically covered for CGHS card holders.

“Funding for CGHS has been steadily going down, in 2013-14 it was Rs 1,832 crore, in 2014-15 it was Rs 1,798 crore and this year it was Rs 1,600 crore which we have exhausted. More funds will come only in January which is when the demands submitted under revised estimates are released. So the next two months will be difficult. We have asked for another Rs 450 crore for the rest of the year,” a source said. The matter was discussed at a presentation given to Health Minister J P Nadda on Tuesday, along with a host of measures to increase the beneficiary base and make transactions easier through the use of technology.
While instructions were issued to start clearing bills at one go instead of the earlier practice of 10 per cent payment in first instalment and the rest later, the ministry realises that the Rs 80-90 crore corpus that was handed out to UTIITSL for payment purposes is hardly sufficient.

“We need at least a couple of hundred crores corpus for the payments to continue without any hitch. We are looking at how to raise that money from other sources if possible,” said an official. The fund crunch hit at a time when the ministry was in the process of clearing private hospital bills to the tune of several hundred crores, pending for years. The pendency had led to a mass exodus of hospitals a couple of years ago, drastically reducing the number of private institutions empanelled with CGHS.

However, unfazed by the fund shortage, officials said this was only a “temporary phase”.

Source: The Indian Express