Frequently Asked Questions (FAQs) on Extra-Ordinary Pension by Pensioner Portal

Frequently Asked Questions (FAQs) on Extra-Ordinary Pension by Pensioner Portal

Frequently Asked Questions (FAQs)
(Central Civil Pensioners)
Last updated/Reviewed: 04.11.2013

EXTRAORDINARY PENSION

F.1 How the percentage of disability computed? To whom it is applicable?

The computing of percentage of disability is applicable only for the Government servants retiring under CCS (EOP) Rules. The extent of disability or functional incapacity is determined in the following manner for purposes of computing the disability element forming part of benefits:-

Percentage of disability assessed by Medical Board.	Percentage to be reckoned for computation of disability pension
upto 50%	50%
More than 50 and upto 75%	75%
More than 75 and upto 100%	100%

Provided that the above broad banding shall not be applicable to Government servants who are retained in service.

F.2 Whether the element of disability pension and invalid pension will be combined or treated as separate identity?

The invalid pension is granted under Rule 38 of CCS(Pension) Rules, whereas disability pension is granted under CCS(EOP) Rules. The CCS (COP) Rules provides that if a Government servant is boarded out of service on account of injury attributable to Government service he shall be granted disability pension which includes service element as well as disability element. Invalid pension and disability pension cannot be combined.

F.3 What is the revised quantum of ex-gratia lumpsum compensation to Civilian employees who die in performance of their bonafide official duties?

In modification of Deptt. Of Pension & PW’s OM No.45/55/97-P&PW(C) dated 11.9.1998 the ex-gratia lumpsum compensation to Civilian employees who die in performance of their bonafide official duties has been revised as under :

(a)	Death occurring due to accidents in course of Performance of duties	Rs.10.00 lakhs
(b)	Death occurring due to accidents in course of Performance of duties attributable to acts of violence by terrorists, anti-social elements, etc	Rs.10.00 lakhs
(c)	Death occurring (a) enemy action in international war or border skirmishes and (b) action against militants, terrorists, extremists etc.	Rs.15.00 lakhs
(d)	Death occurring while on duty in specified high altitude, inaccessible border posts, etc. on account of natural disasters, extreme weather conditions.	Rs.15.00 lakhs

F.4 From which date the Constant Attendant Allowance is payable ?

Constant Attendant Allowance is payable from 1.1.2006 and applicable oly for officials retiring under EOP(Rules)

F.5 Whether the pensioners who retired on disability pension before 1.1.2006 would also be entitled to Constant Attendant Allowance ?

Yes, the pensioners who retired on disability pension before 1.1.2006 and fulfilling the conditions mentioned in para 10.1 of O.M. No. 38/37/08- P&PW(A) dated 2.9.2008 would also be entitled to Constant Attendant Allowance.

F.6 Whether Dearness Relief will be admissible on Constant Attendant Allowance?

No.

Source: http://karnmk.blogspot.in

Clarification on Validity of Application for Compassionate Appointment by DoPT via CPWD

Clarification on Validity of Application for Compassionate Appointment by DoPT via CPWD

CENTRAL PUBLIC WORKS DEPARTMENT
OFFICE MEMORANDUM
No. DG/L&CA/ 2
ISSUED BY THE AUTHORITY OF DIRECTOR GENERAL, CPWD

Nirman Bhawan, New Delhi

Dated the 5th November, 2013

Sub: Compassionate Appointment Scheme: Clarification on Validity of Application for Compassionate Appointment - reg.

A proposal was sent to Department of Personnel & Training for clarification on considering the validity of application for cases of compassionate appointment. It was stated that as per Ministry of Urban Development's OM No. 46030/141/2012-Coord dated 3.10.2012, points are allotted according to the criteria such as, family pension, terminal benefits, monthly income of earning member, movable/immovable property and status of dependents. With the passage of time, the condition of the family, in most instances undergoes change and accordingly the points allotted may also .undergo change. As per the existing system the applicant applies only once for compassionate appointment and accordingly points are allotted with respect.. to his conditions at that time but family condition and points allotted may change with passage of time.

2. In view of the objective of compassionate appointment to provide immediate relief to the dependent family, it was felt that clarification may be sought from DOPT in this regard.

3. The Department of Personnel & Training, vide its Dy. No. 78594/13/CR dated 20.9.2013 has clarified that there is no proposal to set any time limit for considering the cases of compassionate appointment. This issue has been set to rest in DoPT's OM No. 14014/3/ 2011-Estt. (D) dated 26.7.2012. The compassionate appointments are -to be considered based on the economic conditions of the family on the date of considering of the case. If the instructions of the DoPT on compassionate appointment as laid down in its OM dated 16.1.2013 and FAQs thereon dated 30.5.2013 available on the website of DoPT are followed scrupulously then such situation would not arise.

4. As per above clarification, it is stated that after each Compassionate Appointment Board (CAB) meeting the applicant is required to be intimated regarding outcome of CAB meeting and made aware that his application may be reconsidered, if required by the applicant, on filing the fresh limited affidavit regarding economic condition/change in economic condition as on date. of filing limited affidavit for consideration in next CAB meeting.

5. This issues with the approval of Director General, CPWD.

sd/-
(Pushpa George)
Deputy Director (Admn.)

Source: www.cpwd.nic.in [8519.pdf]

AIRF warns of all India stir on Dec 21, 22

AIRF warns of all India stir on Dec 21, 22
The All India Railwaymen’s Federation (AIRF) has kept its strike option open and railway employees all over the country will go on a strike on December 21 and 22, if no positive action is taken by the government on the pending demands by then, according to AIRF general secretary Shiv Gopal Mishra.

He was here to participate in the inaugural of the fourth biennial general body meeting of the East Coast Railway Shramik Union (ECoRSU) which began here on Tuesday.

Addressing a media conference on the occasion, Mr. Mishra recalled that the 88th annual conference of AIRF held in Visakhapatnam last year had passed resolutions on 38 demands of which only seven could be achieved. He said that the announcement of the 7th Central Pay Commission and cadre restructuring were achieved after they were resolved at the historic annual convention in the city last year. However, an announcement on these issues was made by the Railway Ministry only after AIRF General Council decided on September 13, this year, to go on a strike.

He said that the decision on cadre restructuring would benefit over 5 lakh railway employees. Orders were also issued on payment of one increment in some categories like running staff, while promoting in same grade pay.

Mr. Mishra said that a large number of demands still remained unresolved and the AIRF has no other option but to go on a strike. These include: removal of the anomalies of the 6th Pay Commission, abolition of the New Pension Scheme, reduction of duty hours and improvement in the living and working conditions.

ECoRSU general secretary Ch. Gandhi said that the 4th zonal convention being held in the city would discuss the issues to be taken up at the 89th Annual Conference of AIRF to be held in Patna from November 22 to 24.

UPA draws flak
The indifference of the UPA Government and the Ministry of Railways towards the long-pending grievances of railway employees came in for severe criticism at the inaugural of the 4th biennial general body meeting of the East Coast Railway Shramik Union (ECoRSU) here on Tuesday.

General secretary of the All India Railwaymen’s Federation (AIRF) Shiv Gopal Mishra, who participated as chief guest, lambasted the government and the Railway Ministry for their ‘anti-labour’ policies and non-responsive attitude in solving the long-pending demands of railwaymen. He said that the AIRF would not tolerate any further delay and was ready for direct action.

Earlier, the union members and delegates took out a rally.

Source: http://www.thehindu.com

Employee can't escape recovery of excess payments: SC

Employee can't escape recovery of excess payments: SC

New Delhi, Nov 2 (IANS): The Supreme Court has said that even after retirement from service, an employee can't escape the recovery of the excess amount that is credited due to an error in salary calculations.

Rejecting the submission that no amount should be recovered from the excess salary paid to employees, the apex court bench of Justice Anil R. Dave and Justice Dipak Misra said, "...if any amount had been paid due to mistake, the mistake must be rectified and the amount so paid in pursuance of the mistake must be recovered".

"It might also happen that the employer might have to pay some amount to the respondent as a result of some mistake and in such an event, even the appellant (employer) might have to pay to the respondent (employee)," said Justice Dave in the judgment pronounced Friday.

"Be that as it may, upon settlement of the account, whatever amount has to be paid to the respondent employee or to the appellant employer shall be paid and the account shall be adjusted accordingly", the court said setting aside a Punjab and Haryana High Court order.

The apex court said this while allowing an appeal by Chandigarh administration challenging the March 20, 2008 decision of Punjab and Haryana High Court by which it had allowed the plea of Gurcharan Singh against the recovery of excess of money that was paid to him due to erroneous fixation of his salary by the Chandigarh Transport Undertaking where he had worked as a clerk.

Gurcharan Singh had moved the High Court after his plea against the recovery of excess money was junked by the Central Administrative Tribunal Jan 4,2002.

Singh, who had served as Combatant Clerk, was discharged from the army Jan 31,1990. He got employed with Chandigarh Transport Undertaking April 15, 1990 against ex-servicemen quota.

Two years later, he got his pay that was fixed by an order of Sep 2,1992. Upon his retirement, it emerged during an audit that his pay was wrongly fixed by the communication of Sep 2.

On retrospective re-fixation of his salary, it emerged that he was paid excess payment and same were sought to be recovered.

Source: http://www.daijiworld.com/news/news_disp.asp?n_id=199032

Implementation of the judgment of the Hon’able Supreme Court in respect of 3rd MACP to accounts staff-AIRF to Railway Board

Implementation of the judgment of the Hon’able Supreme Court in respect of 3rd MACP to accounts staff-AIRF to Railway Board

Implement the decision of Hon’ble Supreme Court in respect of 3rd MACP to accounts staff-AIRF to Railway Board
All India Railwaymen’s Fedaration

No.AIRF/227(213)

Dated: October 30, 2013

The Secretary(E),
Railway Board,
New Delhi

Dear Sir,

Sub: Implementation of the judgment of the Hon’able Supreme Court

Ref: (i) AIRF’s letter No.AIRF/227(213) dated 26.08.2013
(ii) Board’s letter No.PC-V/2011/M/3/AIRF dated 07.10.2013

Apropos above, the reply of the Railway Board, contained in their letter under reference, is highly disappointing and unacceptable to us. Mere reiteration of Board’s earlier letter cannot justify the stand of the administration, as the Hon’ble Supreme Court dismissed the Special Leave Petition filed by the administration. The apex court held in the said judgment that, if any restructuring of posts takes place, it does not amount to promotion. Accordingly, the office of the FA&CAO/S&W/PER/SR vide Memorandum P.535/S&W/PER/ADMN/FIX/MACP dated 17.09.2012 accorded financial upgradation of Grade Pay of Rs.5400 to Shri V. Venkataraman, Accounts Assistant/FA&CAO/S&VV/ PER/SR. This clearly indicates that the upgradation from Jr. Accounts Asstt. to Accounts Asstt. in terms of restructuring of the posts in the ratio of 20:80 does not amount to promotion.

According to Article 141 of the Constitution of India, policy decision, delivered on the particular subject by the Hon’ble Supreme Court of India, is binding upon the Government of India.

The Board are, therefore, again urged to re-examine the issue In the light of the facts appraised above and grant the benefit of the 3rd MACP(GP Rs.5400) to all the eligible Supervisory Staff whose initial appointment was CG-II/Accounts Clerk.

An early action in the matter shall be highly appreciated.

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

Source: AIRF
[http://www.airfindia.com/AIRF%202013/Implementation%20of%20judgment%20of%20Hon'ble%20SC%20-%20Accounts%20Staff.pdf]

Disbursal of salary for October 2013, Bonus and DA arrears to staff reg

Disbursal of salary for October 2013, Bonus and DA arrears to staff reg

KENDRIYA VIDYALAYA SANGATHAN
18, Institutional Area Shaheed Jeet Singh Marg,
NEW DELH1-110016
Website: www.kvsangathan.nic.in

F. No. 110238/2/2013/KVS (HQ)/Budget

Date: – 01.11.2013

To
The Deputy Commissioner,
Kendriya Vidyalaya Sangathan
All Regional Offices/ ZIET’s.

Subject: – Disbursal of salary for October 2013, Bonus and DA arrears to staff reg.

Sir/ Madam,
This has a reference to the subject cited above and to state that the salary to the staff of Kendriya Vidyalaya Sangathan is being disbursed by Union Bank of India through its web-portal for which adequate funds is regularly remitted to the UBI well in time by the Sangathan. The existing system of disbursal of salary to the staff through UBI Web-portal is not only a hassle free and full proof arrangement but also saves time on both sides. As a result, all employees of Sangathan are getting their salary on the last working day. There are instances where the project authorities failed to remit the funds to Vidyalayas as per the terms & conditions of (MOU) Memorandum of Understanding to meet the Recurring & Non-recurring expenditure including salary that facilitated slight delay in disbursal of salary to the employees of one or two project Vidyalayas. In such cases too, Sangathan initiated necessary action suo motu and provided required funds to meet such contingency.

2.) As far as the payment of Bonus, DA Arrears and salary to staff is concerned, it is informed that adequate funds got released by the Sangathan (HQ) to the Regional Offices/ UBI during the last two weeks for further remittance to the Kendriya Vidyalayas/ employees for payment of Bonus, DA arrears and salary to the staff. In the given circumstances, it is presumed that all Kendriya Vidyalayas might have disbursed Bonus, DA Arrears including salary to their staff in time. In fact, it is the personal responsibility of the Principals being the Drawing & Disbursing Officer to disburse Bonus, DA arrears and salary to their staff. Delay in disbursal of such personal claims to the staff on any pretext other than inadequate funds will be viewed seriously by the higher authorities of the Sangathan.

You are therefore requested please to direct all the Principals of the Vidyalayas under your jurisdiction to disburse Bonus, DA Arrears and salary to their staff immediately, if not paid so far. Short fall of funds, if any, noticed by any of the Regional Offices towards the payment of Bonus, DA Arrears and salary may be reported to KVS (HQ) today positively i.e. 01.11.2013 for release of funds.

Action taken may be informed to KVS (HQ).

Yours faithfully,
(S. Muthusivam)

Source: http://kvsangathan.nic.in/GeneralDocuments/cir-actt-01-11-13.pdf

KVS Memorandum Regarding Recruitment (01.11.13)

KVS Memorandum Regarding Recruitment (01.11.13)

KENDRIYA VIDYALAYA SANGATHAN
18, Institutional Area Shaheed Jeet Singh Marg,
NEW DELH1-110016
Website: www.kvsangathan.nic.in

F.No.11046/2/2013/ KVS(HQ) (E.II)/SHT Dated: 01.11.2013

MEMORANDUM

Although process of the recruitment for the year 2011-12 has been completed in KVS but the Primary Teachers and Trained Graduate Teachers could not be posted as the operation of select panel for the year 2011-12 is sub-judice and process for the recruitment against vacancies for different categories of teachers for the year 2012-13 & 2013-14 is on the way.

Owing to which most of the VMC Chairman of Kendriya Vidyalaya’s/some Hon’ble MPs and most of the eminent persons from various corners i.e. defence sector/public undertaking/higher learning institutions/district magistrate from civil sector are pressing hard for filling up the 9702 posts which are lying vacant in KVS.

Keeping the facts and compelling situation as stated supra in view, the competent authority, KVS has decided to be kept in abeyance the process of forwarding of applications/further extension on deputation to other departments in respect of teaching & non-teaching staff of KVs/KVS ROs and HQ upto May 2014 so that atleast the services of the KVS teaching & non- teaching staff can be utilized in the interest of the students who have been enrolleld in their respective Kendriya Vidyalayas for their future better prospect.

Hence, all the DCs of KVS, ROs are hereby requested that applications for deputation in other departments in r/o teaching/non-teaching staff working under their jurisdiction may not be forwarded upto May 2014 in the interest of KVS so that studies of the students do not suffer and work of KVs, KVS, ROs & HQ may effective efficiently.

This issues with the approval of the competent authority.

Yours faithfully,

(R.S.BHATNAGAR)
ADMINISTRATIVE OFFICER (ESTT)

Source: http://kvsangathan.nic.in/GeneralDocuments/ANN-01-11-13.PDF

Change of membership from one Association to another - reg

Change of membership from one Association to another - reg

KENDRIYA VIDYALAYA SANGATHAN
18, Institutional Area Shaheed Jeet Singh Marg,
NEW DELH1-110016
Website: www.kvsangathan.nic.in

F.11083-5/2012-KVSHQ (Admn 1)/Part-II

Dated: 31-10-2013

The Deputy Commissioner Kendriya Vidyalaya Sangathan All Regional Offices

Sub: Change of membership from one Association to another -reg.

Sir/Madam,

I am to refer to the subject cited above and to say that the queries from the various corners are being received as to whether a member of one recognized association can change the membership to another recognized association in the mid of session.

In this connection your attention is invited to Item No. 3 of Annexure-I of Apepndix-XLII(A) of Education Code which inter-alia – provides as under:-

“Consent of deduction of annual subscription shall remain valid till altered or withdrawn. The revised option for deduction, if any can be excercised only in the month of April each year to be effective from July of that year.”

You are therefore, hereby requested to direct the Principals under your jurisdiction accordingly.

This issues with the approval of Additional Commissioner (Admn.)

Source: http://kvsangathan.nic.in/CircularsDocs/CIR-ADMN-31-10-13.PDF

ECHS Clarification: Reimbursement of Med Claim for Emergency Treatment in Non-Empanelled Hospital

ECHS Clarification: Reimbursement of Med Claim for Emergency Treatment in Non-Empanelled Hospital

Central Organisation ECHS
Adjutant General’s Branch
Integrated Headquarters
Maude Line

B/49773/AG/ECHS/Rates policy

15 oct 2013

Reginal Centre ECHS
MUMBAI

REIMBURSEMENT OF MED CLAIM FOR EMERGENCY TREATMENT IN NON EMPANELLED HOSPITAL

1. A Clarification was sought from the Chief Medical Officer (SAG), CGHS Mumbai on the rates at which the claims are settled of CGHS beneficiaries. The CGHS authorities have clarified vide their letter No 3(xiv)3/13 Gen1/1958/13 dt 30 Aug 13 that reimbursement at 25% higher rate that the 2002 CGHS rates is applicable to those who have taken treatment in private non empanelled hospital through CGHS in Mumbai.

2. Based on the above provision provided by CGHS reimbursement at 25% higher rates that 2002 CGHS rates will also be applicable to those ECHS members who have taken any emergency treatment in a non empanelled hospital for or for those undergoing any planned listed procedure in a non empanelled hospital after taking prior sanction of Central Org ECHS,

3. The above orders are applicable till further instructions.

(Vijay Anand)
Col
Dir (Med)
for MD ECHS

Source: www.echs.gov.in
[http://echs.gov.in/images/pdf/med/Med86.pdf]

Refusal of promotion - guidelines thereof : BSNL Order

Refusal of promotion - guidelines thereof : BSNL Order

 Bharat Sanchar Nigam Limited
(A Govt. Of India Enterprise)
(Pers.I Section)
4th floor, Bharat fanchar Bhawan, New Delhi

No. 400-204/2013-Pers.I

dated: 01-Nov-2013

Subject: Refusal of promotion - guidelines thereof.

As per the HR policy in BSNL, promotions are being granted in various grades with the approval/ acceptance of the appropriate competent authority. Promotions are important from both individual's as well as Organization's perspective and forrns a mutually obligatory aspect of the employer-employee relationship. Therefore, refusal of promotion by the employee cannot be construed as a right and its acceptance by the Competent Authority can also not be taken for granted.

Accordingly, it has been decided that any case of refusal of promotion shall be dealt on the following lines:-

1.     A BSNL employee should be willing to accept higher responsibilities through promotions as decided by the competent authority.
2.     Refusal of promotion is not a right of the executive. Any order of promotion may not be refused by the executive normally.
3.     In exceptional cases, an executive may request in writing for refusal of promotion with sufficient reasons. But the request in writing for refusal of promotion shall be effective only with the concurrence of the Appointing Authority after taking all the aspects into consideration.
4.     If the reasons adduced for refusal of promotion are accepted by the Appointing Authority, the executive will not be considered for any promotion (either regular or adhoc promotions or even look after arrangement) for a period of one year or till the preparatlon of next panel, whichever is later, from the date of such refusal.
5.     In the case of regular promotion being refused by the executive and refusal being accepted by the Appointing Authority, on the eventual promotion to the higher grade, such an executive will lose seniority vis-a-vis his juniors promoted to the higher grade earlier.
6.      In cases where the reasons adduced by the officer for his refusal for promotion are not acceptable to the Appointing Authority, then the promotion order shall be enforced upon the executive through an order. If the executive still refuses promotion, then even disciplinary action can be taken against the executive for refusing to obey the order.

This issues with the approval of competent authority.

sd/-
(J. Srinivasan)
Asst. General Manager (Pers.I)

Source: http://www.bsnleuchq.com
[http://www.bsnleuchq.com/Refusal%20of%20promotion.pdf]