DoPT Orders 2019 Amendment in the CCS Leave Rules 1972 consequent upon 7th CPC

DoPT Orders 2019

DoPT Orders 2019 Amendment in the CCS Leave Rules 1972 consequent upon 7th CPC

No. 11020/01/2017-Estt. (L)
Government of India
Ministry of Personnel PG & Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi
Date: 30.8.2019

OFFICE MEMORANDUM

Sub: Amendment in the CCS (Leave) Rules, 1972 consequent upon the implementation of the recommendations of 7th CPC.

The undersigned is directed to say that the Government has accepted the recommendations of the 7th CPC and implemented the same vide Notification dated 11.12.2018. This Notification has been uploaded in the Department's website also at the address. However, despite issue of the notification in this regard, some employees have been seeking formal and informal clarifications with regard to the amendments carried through the above Notification. Keeping this in view, following clarifications specifying the amendments carried out in the CCS (Leave) Rules, 1972 vide the above said Notification are issued:

Also check: TYPES OF LEAVE ADMISSIBLE: Leave Rules – CCS (Leave) Rules, 1972

I. The amendments made in the CCS (Leave) Rules, 1972 vide Notification dated 11.12.2018, have come into force w.e.f. 14.12.2018 when the Notification was published in the official gazette.

II. Government servants serving in a Vacation Department have been allowed Earned Leave in place of Half Pay Leave by amending Rule 28 and Rule 29.

III. With the amendment of Rule 43-C relating to Child Care Leave (CCL), following changes have been made:-

(a) CCL may be granted at 100% of the leave salary for the first 365 days and 80% of the leave salary for the next 365 days.
(b) CCL may be extended to single male parents who may include unmarried or widower or divorcee employees.
(c) For single female Government servants, the CCL may be granted for six spells in a calendar year. However, for other eligible Government servants, it will continue to be granted for a maximum of 3 spells in a calendar year.

IV. "Special Disability Leave for injury intentionally inflicted" under Rule 44 has been substituted by a new Leave named "Work Related Illness and Injury Leave (WRIIL)" which may be granted to a Government servant (whether permanent or temporary), who suffers illness or injury that is attributable to or aggravated in the performance of her or his official duties or in consequence of her or his official position. With the introduction of WRIIL, "Special Disability Leave for accidental injury" (under Rule 45) and Hospital Leave (under Rule 46) have been deleted. WRIIL has foil owing provisions:-

Also check: Child Care Leave - DoPT

(a) Full pay and allowances will be granted to all. employees during the entire period of hospitalization on account of WRIIL.

(b) Beyond hospitalization, WRIIL will be governed as follows:

(i) Government servants (other than military officers) will be paid full pay and allowances for the 6 months immediately following hospitalization and Half Pay only for 12 months beyond that period. The Half Pay period may be commuted to full pay with corresponding number of days of HPL debited from the employee's leave account.
(ii) For officers of the Central Armed Police Forces (GAFF), full pay and allowances will be paid for the 6 months immediately following hospitalization, and full pay only for the next 24 months.
(iii) Personnel below the rank of officers of GAFF will be paid full pay and allowances, with no limit regarding the period of leave.
(iv) In the case of persons to whom the Workmen's Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation payable under the Act.
(v) No EL or HPL will be credited during the period that employee is on WRIIL.

(Rajendra Prasad Tewari)
Under Secretary to the Government of India
Tele. No. 26164316

To,
All Ministries/ Departments of the Central Government

Source: DoPT

NPS - Progress of National Pension System by Railway Board Minutes of meetings

NPS

NPS - Progress of National Pension System by Railway Board Minutes of meetings

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBA No. 82/2019

No. 2018/AC-II/21/3
New Delhi, dated: 12.09.2019

PFAs and PCPOs,
All Indian Railways and PUs
Sub: Minutes of meeting of Board (FC & MS) with Dy. CAOs and Dy. CPOs of all Zonal Railways and Production Units held on 04.09.2019 and 05.09.2019 in Board's office.
Minutes of the meeting held on 4th and 5th September, 2019 in Railway Board's office is enclosed for in formation and necessary action.

DA: As above
(Anjali Goyal)
Pr. Executive Director/ Accounts
Railway Board

Also check: Minutes of meeting of Railway Board with PFAs and PCPOs: NPS and Pension Revision Issues

Minutes of meeting of Board (FC & MS) with Dy. CAOs and Dy. CPOs of all Zonal Railways and Production Units held on 04.09.2019 and 05.09.2019 in Board’s office

Significant debates and resolution

NPS contribution being deducted from salary without PRAN:
As per information obtained from IPAS, there were 1024 employees without PRAN from whom NPS deductions were made from salary in the month of July, 2019. Of these, 415 cases were in SCR, 404 cases in SWR and 119 cases in CR. This implies that the NPS recoveries in these cases would lie in the suspense and will lead to loss of interest to subscribers, which will have to be borne by the Railways. This position is available to the Railways
Action:

• PED/A desired that IPAS exception reports should be viewed and acted upon by all Railways
• All these cases may be reviewed, PRAN generated at the earliest, subscription remitted to the Trustee Bank forthwith.

Number of PRANs without Nomination and Mobile details

There are 35025 PRANs with nomination details and 44553 PRANS without Mobile No. Non-availability of Nomination details will delay settlement in case of Death of a Subscriber.
Action:

• Mobile number has been made mandatory in CSR Form. For old cases, DDO/ PAO should insist on providing the same with the help of WLI. Subscribers should be educated about importance of having nomination and mobile no. in their PRANs.
• Nomination and Mobile no. should be collected from every subscriber and updated immediately.
• As a onetime effort, the Mobile numbers and email ids of these subscribers can be forwarded to NSDL for back end updation.

Check Latest News on CENTRAL GOVERNMENT EMPLOYEES

Subscriber Coverage:

There is substantial gap in no. of registered subscribers and those receiving credits viz. ECR - 83.06%, NR - 87.56% and NER and SCR 89%.
Action:

• DDOs/ PAOs should ensure all the registered subscribers are receiving regular contribution credits
• SCFs uploaded should get matched and booked in the CRA system. Cancelled SCFs need to be re-uploaded on time.
• The regular monthly contributions should be uploaded as “regular” and arrear contributions as “arrear”.

Withdrawal requests pending for purchase of annuity

There are 634 cases where the subscriber has not chosen the Pension plan.
Action:

• Employees that have exited should be asked to make the option.
  Necessary informatory Youtube videos about the various pension plans are available.
• Links of these videos are at Annexure -2. Railways/Units may arrange to broadcast these for the benefit of the subscriber/retirees.
• NSDL offered training session for subscribers as well as Railway officals (Accounts & Personnel), on various aspects of NPS. Request for the same can be sent to NSDL under intimation to Railway Board For any queries/ assistance, PAOs may send an email to npsclaimassist@nsdl.co.in.

STATUS OF PENDING PENSION/FAMILY PENSION under NPS

• Railway Board had directed Railways to send information on pending cases of pension and family pension in MCDO to FC. The information in not forthcoming from all the Railways. Submission of this information may kindly be ensured.
• Further, it is noticed that several requests for family pension by family members of deceased NPS subscribers are pending on Railways mainly for want of documents from beneficiaries. This issue is being raised by Union/Federations and also by the beneficiaries in various forums.
• Complaints are also received regarding non-revision of NPS pension as per recommendation of 7th CPC
• Railways may review the pending position and ensure clearance thereof in a time bound manner.

Conclusion:

All Railways will ensure necessary action on the deficiencies discussed above and send an action taken report by 15th Oct., 2019 under signature of FA&CAO in charge of NPS.

Source: Indian railways

Deletion of MACP grant notice from 01.01.2006 rather than 01.09.2008 - High Court Order

MACP

Deletion of MACP grant notice from 01.01.2006 rather than 01.09.2008 - High Court Order

No.C-17/21/2019/ Confd-NG/ BSF/ 28858- 29158
Government of India
Ministry of Home Affairs
Directorate General Border Security Force
(Confd/Vig Dte – NG Section)

Block 10th, 5th Floor. CGO Complex.
Lodhi Road. New Delhi-03

Dated,the 13th Aug 2019

Disposal of notice for grant of macp from 01.01.2006 instead of 01.09.2008

In this connection. it is to inform that various Writ Petitions have been filed by Ex-BSF personnel before the Hon’ble High Court of Delhi for grant of MACP benefits w.e.f. 01.01.2006 instead of 01.09.2008. in accordance with the judgment passed on 08.12.2017 by the Hon’ble Supreme Court in U01 V/S Balbir Singh Turn (Civil Appeal No. 3744 of 2016). The Writ Petitions, were listed before the Hon’ble High Court of Delhi and during the hearing, the Hon’ble High Court has directed to withdraw these petitions with liberty to first approach the respondents with proper notice setting out the full particulars of each of the petitioners separately as stated by the Learned Counsel for the respondents
.
Also check: Important Supreme court Judgement - MACP should be given effect from 01.01.2016

In this regard, various representations dated 15.03.2019 were served by Shri 0 P Agarwal. Advocate, Supreme Court and High Court of Delhi, on behalf of the Ex-BSF personnel for considering their cases for grant of MACP from 01.01.2006 instead of 01.09.2008.

In this regard, it is intimated that, earlier in a similar case, in compliance to the Hon’ble High Court of Delhi vide order dated 21.08.2018 in WP(C) No.3549 of 2018 filed by Sum! Kumar Tyagi V/s U01 & Ors before Hon’ble High Court of Delhi, case was taken up with DoP&T through MHA to consider grant of MACP w.e.f, 01.01.2006 instead of 01 09.2008 in accordance with the decision dated 08.12.2017 of the Hon’ble Supreme Court of India in the case of Balbir Singh Turn & Anr However. after detailed consideration of the case, DoP&T did not accede to the proposal for grant of MACP w.e.f. 01.01.2006.

Also check: Delhi High Court Order – MACP is effective from 1.1.2006 as per 6th Pay Commission recommendation, as it forms part of Pay and NOT allowances

The details of representations alongwith reply sent to concerned individual with info to Shri O P Agarwal. Advocate. Supreme Court and High Court of Delhi, have been shared with concerned unit/HQ of personnel details attached as Appendix - “A” with this letter.

It is requested to down load the same for record and take necessary action in further, if required.

Source - Confederation

51st anniversary of the historic strike conducted by Central Government Employees – Confederation

51st anniversary of the historic strike conducted by Central Government Employees - Confederation

51st year of 1968 September 19th strike

M.Krishnan
Secretary General, Confederation of Central Govt. Employees & Workers

2019 September 19th is the 51st Anniversary of 1968 September 19th one day strike. All leaders and workers who led and participated in that historic strike have either retired from service or are no more.

The indefinite strike of Central Govt. Employees in1960 was the first major strike of Central Govt. Employees after independence. The five days strike from 1960 July 11 midnight was brutally suppressed by the Central Government declaring it as “Civil Rebellion”. The main demand of the strike was improvement and modifications in the 2nd CPC recommendations. The Need Based Minimum Wage, though adopted by the 15th Indian Labour Conference in 1957, was rejected by the 2nd CPC.

Also read: 53rd anniversary of ‘Glorious Strike’ of the Central Government Employees

The Joint Consultative Machinery (JCM) was constituted in 1966 by then Home Minister Guljarilal Nanda, as per the decision of the Government. The apprehension of the progressive leadership that this negotiating machinery may not settle any major demands of the Central Govt. employees and may become just a talking shop or a time killing business, ultimately resulting in abnormally delaying the genuine demands, came true within a year of its formation. In the very first meeting of the National Council JCM, the following three demands were notified by the staff side.

1. Grant of Need Based Minimum Wage as approved by the 1957 Tripartite Labour Conference.
2. Merger of DA with Pay
3. Revision of DA formula

After prolonged discussion for about one and a half year, disagreement was recorded. As per JCM Scheme once disagreement is recorded, the item should be referred to compulsory arbitration. But Govt. rejected the demand for arbitration. Protesting against this arbitrary stand of the Govt. the staff side leadership walked out of the JCM and decided to go for one day’s strike. A Joint Action Committee was formed and the date of the strike was decided as 19th September 1968. Even though, the INTUC affiliated organisations were initially a part of the strike decision, later on they decided not to join the strike due to the intervention of the then Congress Government headed by Smt. Indira Gandhi.

The following were the main demands of the strike charter of demands.

1. Need Based Minimum Wage.
2. Full neutralisation of rise in prices.
3. Merger of DA with Basic Pay
4. Withdrawal of proposal to retire employees with 50 years of age or on completion of 25 years of service.
5. Vacate victimisation and reinstate victimised workers.
6. No retrenchment without equivalent alternative jobs.
7. Abolition of Contract and Casual Labour System.

Also check: Long pending demands of the Central Government employees – CHARTER OF DEMANDS OF CONFEDERATION

Strike notice was served and the Joint Action Council (JAC) decided to commence the strike at 06:00 AM on 19th September 1968. Intensive campaign was conducted throughout the country. AIRF, AIDEF and Confederation was the major organisations in the JAC. Govt. invoked Essential Services Maintenance Ordinance (ESMO) to deal with the strike. Govt. also issued detailed instructions to impose heavy penalty including suspension, dismissal, termination, Break-in-service etc. on the striking employees. Para-military force (CRPF) and Police were deployed to deal with the strike. Central Govt. gave orders to all state Governments to suppress the strike at any cost. It was a war-like situation. Arrest of Leaders started on 18th September itself. About 3000 employees and leaders were arrested from Delhi alone. All over India about 12000 Central Government employees and leaders were arrested and jailed.

Inspite of all these brutal repressive measures the strike commenced on 18th after noon itself at many places and was a thundering success all over India and in all departments including Railway, Defence, P&T etc. About 64000 employees were served with termination notices, thousands removed from service and about 40000 employees suspended. Seventeen (17) striking employees had been brutally killed at Pathankot, Bikaner, Delhi Indraprastha Bhavan and in Upper Assam lathi charge, firing by police and military and by running the train over the bodies of employees who picketed the trains.

Though the strike was only for one day on 19th September 1968, the victimisation and repression continued for days together. Struggle against victimisation also continued including work-to-rule agitation, hunger fast of leaders from 10th October 1968. There was unprecedented support to the strike and relief work and also to agitation for reinstatement of the victimized workers, from National Trade Unions, state employees and teachers Unions / Federations etc. A mass rally was organised before the residence of Prime Minister of India Smt. Indira Gandhi on 17th October, 1968.

Kerala was ruled by the Communist Govt. during the strike. Chief Minister Com. E.M.S.

Namboodiripad declared Kerala Govt’s full support to the strike of Central Government employees. The Central Govt. threatened dismissal of the Kerala Govt. for defying the Centre’s directive to suppress the strike.

1968 September 19th strike is written in red letters in the history of Indian Working Class. The demand raised by the Central Govt. employees - Need Based Minimum Wage - was the demand of entire working people of India. Even today, the Central Govt. employees and other section of the working class are on struggle path for realization of the Need Based Minimum Wage. The demand of the Central Govt. employees to modify the recommendations of the 7th Central Pay Commission to ensure Need Based Minimum Wage is not yet conceded by the BJP-led NDA Government. Even the assurance given by three Cabinet Ministers including Home Minister, Finance Minister and Railway Minister regarding increase in Minimum Pay and Fitment formula is not honoured by the Govt. even after a lapse of three years and entire Central Government employees feel cheated.

It is in this background, last year we have celebrated the 50th year of 1968 September 19th strike all over the country in a befitting manner. On the 51st anniversary of the historic strike, let us pledge that we shall continue our struggle for realization of the demands raised by the martyrs of the 1968 strike. Let us pay respectful homage to those valiant fighters who sacrificed their life for the posterity. Let us salute and honour all those who participated in the historic strike, especially those who had been victimized severely for joining the strike.

Source: confederationhq