EPFO may come out with a scheme to provide housing

Besides managing retirement funds, EPFO may come out with a scheme to provide housing...

EPFO may provide housing to subscribers on additional payment of 10 pct

PTI | New Delhi | Updated: Jan 13 2014

Besides managing retirement funds, EPFO may come out with a scheme to provide housing to its over 5 crore subscribers on additional contribution of 10 per cent by them from their basic wages every month.

The idea was mooted by Labour Minister Oscar Fernandes during a function of Employees' Provident Fund Organisation (EPFO) on Sunday.

"EPFO can deduct extra 10 per cent of their basic wages over the mandatory contribution of 12 per cent made by them at present. The money can be used to provide them housing facility," he said.

The minister said most of the workers throughout their working life live in rented accommodation and their entire saving on retirement is spent on purchasing a house.

At present, all workers covered under the EPFO schemes, pay 12 per cent of their basic wages toward PF contribution every month. The basic wages include basic pay and dearness allowance.

Asked about the minister's proposal, EPFO's central Provident Fund Commissioner K K Jalan said: "We will definitely work on the proposal. He (the minister) has a lot experience."

As per another official, EPFO had earlier constructed houses and provided to workers covered under its scheme. However, they did not have to make any additional contribution during the Sahib Singh Verma's tenure as Labour Minister.

EPFO has a corpus of around Rs 5 lakh crore and receives an incremental deposits of over Rs 60,000 crore every year.

An EPFO subscriber said: "The body has the huge financial strength to take up any big housing project and complete it. But one has to see that how many members would come forward to take a cut of 10 per cent cut on their basic wages."

Source: http://www.financialexpress.com
[http://www.financialexpress.com/news/epfo-may-provide-housing-to-subscribers-on-additional-payment-of-10-pct/1218106]

Merger of 50 percent DA may soon be considered by Central Government –Sources

Merger of 50 percent DA may soon be considered by Central Government –Sources

Sources close to the Central Government Employees Federations told that Merger of 50% DA will soon be considered by Central Government before the budget session of Parliament in February 2014. According to the sources, the central government is likely to consider the central government employees  demand for merging of 50 % DA, for the reason that the DA will be crossing 100% level after January 2014.

The rate of dearness allowance to be paid to govt servants has been increasing consistently due to the rise in the prices of essential commodities for the past two years. In 2011 the rate of DA was at 50 % level. Since then all the Federation demanded the central government to merge the 50 Percent DA with basic Pay. But the government did not accept this demand to merge the DA with basis pay, as it was not recommended by sixth CPC.

The demand would be considered in view of parliament elections

But federations kept on demanding the government that raising dearness allowance alone will not help to compensate the alarming rate of price rice. So they urged the government to consider their demand favorably. It is believed that after the defeat in the election of four state legislative councils, the UPA government has decided to reconsider about its decision on the issues which directly affects the common public. The high command of the ruling party thought that the reason for their defeat in the state election is mainly because of their government failed to contain the price rise. The gap between common public and UPA government has been considerably increased. To correct these failures the UPA government decides to do something to attract the voters.

After announcing the government’s proposal to constitute the 7th pay commission, the community of central government employees has been convinced to have soft view on this government. Further the 50 lakh central government employees would be made happy if the 50% DA is merged with Basic Pay. It is told that , as the central government staff association and federations demanding it very seriously, in case the government decides go with this demand, there will be around one crore voters will be in favour of UPA government. So the government may consider the demand of merging of 50% DA with basic Pay in view of forthcoming Parliament elections.

Allowances will have no impact on merging DA with basic Pay

The sources, associated with National Council JCM, said that the government initially was not willing to consider this demand as some allowance and advances have been raised by 25% whenever the DA crosses 50% level as per the sixth CPC recommendation. But federations insisted that the allowances, which are raised to 25 % level when DA crosses 50%, will have no impact on merging DA with basic pay. The only allowance will have an increase when Basic Pay increases are HRA. No other allowances will be increased and other entitlement of the respective Grade Pay will not be revised as the 50% DA to be merged will be kept under separate component like it was treated in 5CPC as Dearness Pay. “There is no need to worry about financial implications, as the 50% DA will be paid by just changing its nomenclature as Dearness Pay”, said sources.

50% DA merger to be declared before DA crosses 100%

Further, it has been informed that it is good enough for the government to announce its decision before declaring the next additional installment of DA. Because the AICPIN for Industrial workers for the Month of December 2013 is awaited to determine the rate of dearness allowance to be paid from January 2014.The result of last 11 months AICPIN shows that DA will definitely be raised by 10 % from existing 90% level. So the rate of DA will be 100% with effect from 1st January 2014. After the DA increased to 100%, the demand for 50% DA merger will have to change its avatar. Probably the demand would be for 100% DA merger. So the federations expect the government may consider 50% DA merger soon.

However, decision if any in this regard should be taken before the announcement of election for parliament. It is expected that election announcement for parliament will be made by the end of February 2014. Before that,  the announcement of 50% DA merger is expected from central government.

Source: gservants.com
[http://www.gservants.com/2014/01/15/merger-50-percent-da-may-soon-considered-central-government-sources/]

Kendriya Vidyalayas: List of Hard & Very Hard Stations and category of employees working in these area

Kendriya Vidyalayas: List of Hard & Very Hard Stations and category of employees working in these area

GOVERNMENT OF INDIA
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
LOK SABHA

UNSTARRED QUESTION NO 2297

ANSWERED ON 18.12.2013

KENDRIYA VIDYALAYAS

2297 . Shri A.T. NANA PATIL

Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:-

(a) the location-wise details of the Kendriya Vidyalayas coming under the hard and very hard category in the country particularly in the sensitive, naxalite affected areas and border areas;

(b) the number of the teachers and non-teaching staff employed in these schools, category-wise;

(c) whether most of the teachers and non-teaching staff working in these Kendriya Vidyalayas belong to Scheduled Castes, Scheduled Tribes and Other Backward Classes;

(d) if so, the details thereof and the reasons therefor; and

(e) the steps taken/being taken by the Government to implement the transfer/ posting policy in a uniform way?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DR. SHASHI THAROOR)

(a) As per the Kendriya Vidyalaya Sangathan norms, 105 Kendriya Vidyalayas (KVs) have been categorized as hard stations and 26 KVs as very hard stations. The State-wise details are given in Annexure-I.
(b) & (c) The total number of the teachers and the non-teaching staff employed in these KVs, category wise is as follows:-

Total No of Teaching staff working as on 01.12.2013				Total No of Non- Teaching staff working as on 01.12.2013
SC	ST	OBC	UR	SC	ST	OBC	UR
537	270	631	1267	144	61	104	197

(d) & (e) Do not arise.

 ANNEXURE-I

ANNEXURE REFERRED TO IN REPLY TO PART (a) OF THE LOK SABHA UNSTARRED QUESTION NO. 2297 RAISED BY SHRI A.T. NANA PATIL, HON’BLE MP TO BE ANSWERED ON 18.12.2013 REGARDING KENDRIYA VIDYALAYAS.

LIST OF HARD/VERY HARD STATIONS

Name of the Region	S.No.	Hard Station	S. No.	Very Hard Station
AHMEDABAD	1	DHARANGADHRA (ARMY)
	2	AFS SAMANA
	3	AFS NALIYA
	4	AFS BHUJ
	5	BSF DANTIWADA
	6	OKHA PORT
	7	BHUJ CANTT
	8	DIU
	9	VALSURA INS
BHOPAL	10	JHABUA
	11	ITBP KARERA
	12	NARMADANAGAR
	13	SARNI
	14	MUNGAOLI
	15	PACHMARHI
BHUBANESWAR	16	RAYAGADA
	17	GAJAPATI
	18	KANDHAMAL
BANGLORE	19	DONIMALAI
	20	KUDREMUKH
CHANDIGARH	21	NADAUN	1	ITBP SARAHAN
			2	SAINJ KULLU
	22	NALETI	3	RECONG PEO (HP)
			4	LAHAUL SPITI
	23	KASAULI AFS
	24	SUBATHU
DEHRADUN	25	UTTARKASHI
	26	NHPC DHARCHULA
	27	JOSHIMATH
	28	IVRI MUKTESHWAR
	29	GWALDOM
	30	KAUSANI
	31	LANSDOWNE
	32	ITBP MIRTHI
	33	MUSSOORIE
	34	PITHORAGARH
	35	RAJGARHI
	36	SOURKHAND
	37	PAURI
	38	GAUCHAR
	39	NEW TEHRI TOWN
	40	ALMORA
	41	AUGUSTYAMUNI
	42	LOHAGHAT
DELHI	43	CHANDINAGAR AFS
GUWAHATI	44	HASIMARA	5	DIRANG
	45	KALIMPONG	6	TENGA VALLEY
	46	TEESTA, LDP	7	TAWANG
	47	BINAGURI NO.1
	48	BINAGURI NO.2
JABALPUR	49	DINDORI
	50	BARKUHI
	51	SIDHI
JAIPUR	52	NAL BIKANER
	53	AFS UTTARLAI (BARMER)
	54	JALIPA CANTT.
	55	BSF DABLA
	56	JAISALMER AFS
	57	POKHRAN  BSF
JAMMU	58	ARMY BAKLOH	8	NUBRA
	59	DUL HUSTI KISTWAR	9	KARGIL
	60	NHPC CHAMERA	10	LEH
	61	NO.2 CHAMERA	11	TANGDHAR
	62	BADARWAH	12	BSF BANDIPUR,
	63	JINDRAH
	64	SHIKARPUR
	65	BSF RAJOURI
	66	BARAMULA
	67	URI
	68	AFS AWANTIPUR
	69	PAHALGAON
	70	ANANTNAG
	71	NO.1 SRINAGAR
	72	NO.2 SRINAGAR
	73	NO.3 SRINAGAR
	74	GULMARG
MUMBAI	75	KARANJA NAD
	76	LONAVLA
PATNA	77	JAWAHAR NAGAR
	78	MASHRAKH
	79	SHEOHAR
SILCHAR			13	CHURACHANDPUR
			14	LUNGLEI
			15	TEMENGLONG
			16	UKHRIL
AGRA	80	BHIND
	81	TALBEHAT
ERNAKULAM			17	KAVARATTI

TINSUKIA			18	ALONG
			19	TUTING
			20	TULI
			21	KHONSA
RANCHI	82	LATEHAR	22	AFS SINGHARSHI
	83	GARHWA
	84	MEGHAHATUBRU
	85	KUTRA
RAIPUR	86	KORAPUT
	87	NAD SUNABEDA
	88	BOLANGIR NO. 1 OF
	89	MALKANGIRI
	90	NABRANGPUR
	91	BHAWANIPATNA
	92.	BAIKUNTHPUR	23	BAILADILA (DANTEWARA)
	93	JHAGRAKHAND SECL	24	KIRANDUL
	94	JAMUNA COLLIERY	25	BACHELI
	95	JAGDALPUR	26	JASPUR
	96	CHIRIMIRI		--
	97	KANKER
SIRSA	98	NO.3 AFS BHATINDA
	99	JALALABAD, BSF
	100	BSF ANUPGARH
	101	LALGARH JATTAN
	102	NO.1  AFS SURATGARH
	103	NO.2 AFS SURATGARH
	104	SURATGARH CANTT.
	105	STPS SURATGARH

Annexure Source: http://164.100.47.132/Annexture/lsq15/15/au2297.htm

Payment of Arrears of the Sixth Pay Commission to the university and college teachers and equivalent cadres

Payment of Arrears of the Sixth Pay Commission to the university and college teachers and equivalent cadres

 GOVERNMENT OF INDIA
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
LOK SABHA

UNSTARRED QUESTION NO 2285

ANSWERED ON 18.12.2013

PAYMENT OF ARREARS

2285 . Shri MAKHANSINGH SOLANKI

Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:-

(a) whether the Government is aware of the stalemate prevailing in the payment of arrears of the Sixth Pay Commission to the university and college teachers and equivalent cadres working under the State Governments;
(b) if so, whether the Government has agreed to give 80 percent of the additional expenditure incurred/to be incurred by the State Governments;
(c) if so, whether the Government has released any amount as its share to the State Governments including Madhya Pradesh;
(d) if so, the details thereof, State-wise; and
(e) if not, the time by which the said amount is likely to be released to the State Governments including Madhya Pradesh?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DR. SHASHI THAROOR)

(a) & (b): No, Madam. The Central Government is reimbursing 80% of the expenditure incurred by the State Governments for the payment of arrears for the implementation of the revised University Grants Commission (UGC) pay scales to university teachers for the period 1.1.2006 to 31.3.2010 based on the 6th Pay Commission’s recommendations. As of today, the Central Government has released an amount of Rs.1789.56 crores out of the total allocation of Rs.2250, crores to different states.


(c) to (e): So far Central assistance has been provided to 11 State Governments to meet the expenditure incurred for the payment of salary arrears. The details of amounts reimbursed to State Governments as Central share on account of the revision of pay scales of teachers is annexed.

No amount has been claimed by Madhya Pradesh as reimbursement for payment of arrears of salaries and accordingly, no amount has been released to Madhya Pradesh.Central assistance can only be provided to States on fulfilment of all the terms and conditions of the Scheme and after the furnishing of requisite information and the prescribed undertaking by the respective State Governments.

ANNEXURE REFERRED IN REPLY TO PARTS (c) TO (e) OF THE LOK SABHA UNSTARRED QUESTION NO.2285 FOR 18.12.2013 ASKED BY SHRI MAKAN SINGH SOLANKI REGARDING ARREARS OF PAY SCALE

No.	Name of the States	Amount released as Central Share
1.	Chhattisgarh	Rs.1,27,75,00,000/-
2.	Himachal Pradesh	Rs.1,96,45,69,474/-
3.	Jammu & Kashmir	Rs.43,17,60,800/-
4.	Rajasthan	Rs.2,51,13,60,000/-
5.	Arunachal Pradesh	Rs.13,78,57,759/-
6.	Tripura	Rs.6,51,20,000/-
7.	West Bengal	Rs.3,13,93,08,508/-
8.	Maharashtra	Rs.4,60,06,40,000/-
9.	Tamil Nadu	Rs.2,25,30,40,000/-
10.	Uttar Pradesh	Rs.2,09,88,57,600/-
11	Mizoram	Rs.39,78,03,000/-

Source: Lok Sabha Q&A
Via: karnmk.blogspot.in

Minimum monthly pension of Rs 1,000 to be a reality this month: EPFO

EPFO: Minimum monthly pension of Rs 1,000 to be a reality this month

Ahead of Lok Sabha polls, the government is likely to approve this month a proposal that will entitle formal sector workers a minimum monthly pension of Rs 1,000, immediately benefiting 27 lakh pensioners.

Those who get less than Rs 1,000 a month include 22 lakh member pensioners and 5 lakh widows as on March 31, 2013. There are about 44 lakh pensioners.

"The Labour Ministry's revised proposal for minimum pension of Rs 1,000 per month was submitted to the Finance Ministry last week, and is likely to be approved this month," said an official source.

The ministry's proposal to assure minimum pension of Rs 1,000 under the Employees' Pension Scheme 1995 (EPS-95), run by the Employees' Provident Fund Organisation (EPFO), is pending for a long time.

Earlier, the ministry had proposed that the government should increase its subsidy on the scheme from 1.16 percent of the basic wages to 1.79 percent to assure the minimum pension amount of Rs 1,000 per month.

However, it did not find favour with the Finance Ministry as this would have resulted in permanent increase in subsidy provided by government.

The Labour Ministry in its revised proposal has asked the Finance Ministry to provide for around Rs 1,300 crore additional amount every year for the purpose, and indicated that this amount can reduce over a period of time with more members subscribing to the EPS-95.

Besides, the government is in the process of raising the basic wages ceiling under the Employees Provident Fund Scheme to Rs 15,000 from existing Rs 6,500.

All those employees getting basic wages - including basic pay and dearness allowance - of more than Rs 6,500 per month, are not covered under the social security schemes run by EPFO.

The Finance Ministry did not agree with the hike in pension subsidy to 1.79 percent of basic wages as the proposed increase in wage ceiling would have resulted in perpetual burden on the exchequer.

EPFO has a corpus of around Rs 5 lakh crore including around Rs 1.7 lakh crore in its pension fund. It has a subscriber base of around 5 crore and all of them are covered under the EPS-95.

The increase in wage ceiling under the scheme run by EPFO is important as it would bring in around 50 lakh more workes and increase the flow mandatory savings.

Source: http://zeenews.india.com
[http://zeenews.india.com/business/personal-finance/analysis-opinion/minimum-monthly-pension-of-rs-1-000-to-be-a-reality-this-month_92634.html]

DA from Jan, 2014 to CPSE: Board level posts and below Board level posts including Non-unionised supervisors Revision of scales of pay w.e.f. 01.01.1997

DA from Jan, 2014 to CPSE: Board level posts and below Board level posts including Non-unionised supervisors Revision of scales of pay w.e.f. 01.01.1997
DA from January, 2014: Board level posts and below Board level posts including Non-unionised supervisors in Central Public Sector Enterprises (CPSEs)- Revision of scales of pay w.e.f. 01.01.1997 — Payment of IDA at revised rates regarding

F. No. W-02/0004/2014-DPE (WC) -GL-III/14
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises

Public Enterprises Bhawan
Block 14, COO Complex,
Lodi Road, New Delhi-110003
Dated : 7th January, 2014

OFFICE MEMORANDUM

Subject:- Board level posts and below Board level posts including Non-unionised supervisors in Central Public Sector Enterprises (CPSEs)- Revision of scales of pay w.e.f. 01.01.1997 — Payment of IDA at revised rates regarding

*****

In modification of this Department's O.M. of even No. dated 04.10.2013, the rate of DA payable to the executives of CPSEs (1997 pay revision) may be as follows:

(a) Date from which payable: 01.01.2014
(b) Average AICPI (1960=100) for the quarter Sept.-Nov' 2013
September, 2013 - 5433
October, 2013 - 5502
November, 2013 - 5546
Average of the quarter - 5494
(c) Link Point 1708 (as on 01.01.1997)
(d) Increase over link point: 3786 (5494-1708)
(e) Revised DA Rate w.e.f. 01.01.2014: 221.7% [(3786+1708)x 100]

2. These rates are applicable in the case of IDA employees, whose pay have been revised with effect from 01.01.1997 as per DPE O.M. dated 25.06.1999.

3. All Administrative Ministries/Departments of the Government of India are requested to bring the foregoing to the notice of the CPSEs under their administrative control for necessary action at their end.

(Samsul Haque)
Under Secretary

Source: www.dpe.nic.in
[http://dpe.nic.in/sites/upload_files/dpe/files/glch04b148_08012014.pdf]

DA from Jan 2014 to CPSE: Board level/below Board level executives and non-unionized supervisors of IDA scales of pay on 1987 and 1992 basis

DA from Jan 2014 to CPSE: Board level/below Board level executives and non-unionized supervisors of IDA scales of pay on 1987 and 1992 basis
DA from Jan 2014 to CPSE: Payment of DA to Board level/below Board level executives and non-unionized supervisors following IDA scales of pay in Central Public Sector Enterprises (CPSEs) on 1987 and 1992 basis.

F. No. W-02/0003/2014-DPE (WC)-GL-II/14
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises

Public Enterprises Bhawan
Block 14, COO Complex,
Lodi Road, New Delhi-110003
Dated : 7th Janurary, 2014

OFFICE MEMORANDUM

Subject:- Payment of DA to Board level/below Board level executives and non-unionized supervisors following IDA scales of pay in Central Public Sector Enterprises (CPSEs) on 1987 and 1992 basis.

The undersigned is directed to refer to para No. 3 of this Department's O.M. No. 2(50)186- DPE (WC) dated 19.07.1995 wherein the rates of DA payable to the executives holding Board level post have been indicated. In accordance with the DA scheme spelt out in Armexure-II of the said O.M, the installments of DA become payable from 1st January, 1st April, 1st July, 1st October, every year based on the price increase above quarterly Index average of 1099 (1960=100).

2. In continuation of this Department's O.M. of even No. dated 04.10.2013, the rates of DA payable to the executives of CPSEs holding Board level post, below Board level post and non-unionised supervisors following IDA pattern of 1992 pay scales may be modified as follows:-

(a)     Date from which payable:     01.01.2014
(b)     AICPI (Linked to 1960=100) for the quarter
    September, 2013     5433
    October, 2013     5502
    November, 2013     5546
    Average of the quarter     5494
(c)     Increase over link point :     4395 (5494-1099)
(d)     % increase over link point     399.9% (4395/1099*100)
(e) DA Rates for various Pay Ranges

Basic Pay per Month	DA Rates
Upto Rs. 3500	399.9% of pay subject to minimum of Rs. 8790/-
Above Rs 3500 and Upto Rs. 6500	299.9% of pay subject to minimum of Rs. 13997/-
Above Rs 6500 and Upto Rs. 9500	239.9% of pay subject to minimum of Rs. 19494/­
Above Rs 9500	199.9% of pay subject to minimum of Rs. 22791/-

3. The payment on account of dearness allowance involving fractions of 50 paise and above may be rounded off to the next higher rupee and the fractions of less than 50 paise may be ignored.

4. The quantum of IDA payable from 01.01.2014 at the old system of neutralization @ Rs. 2.00 per point shift for increase of 145 points may be Rs. 290 /- and at AICPI 5494 DA payable may be Rs. 9577.75 to the executives holding Board level post, below Board level post and non-unionised supervisors following IDA pattern in the CPSEs of 1987 pay scales.

5. All administrative Ministries/Department of Government of India are requested to bring the foregoing to the notice of the CPSEs under their administrative control for necessary action at their end.

(Samsul Haque)
Under Secretary

Source: www.dpe.nic.in
[http://dpe.nic.in/sites/upload_files/dpe/files/glch04b147_08012014.pdf]

DA from January, 2014 @ 90.5% for CPSE: Case of IDA 01.01.2007 employees Board level and below Board level posts including non-unionised supervisors

DA from January, 2014 @ 90.5% for CPSE: Case of IDA 01.01.2007 employees Board level and below Board level posts including non-unionised supervisors

DA from January, 2014 @ 90.5% for CPSE: Board level and below Board level posts including non-unionised supervisors in Central Public Sector Enterprises (CPSEs)- Revision of scales of pay w.e.f. 01.01.2007 — Payment of IDA at revised rates-regarding.

No. W-02/0002/2014-DPE (WC)— GL-I/14.
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises

Public Enterprises Bhawan
Block 14, COO Complex,
Lodi Road, New Delhi-110003
Dated: 7th January 2014

OFFICE MEMORANDUM

Subject:- Board level and below Board level posts including non-unionised supervisors in Central Public Sector Enterprises (CPSEs)- Revision of scales of pay w.e.f. 01.01.2007 — Payment of IDA at revised rates-regarding.

In modification of this Department's O.M. of even No. dated 04.10.2013, the rate of DA payable to the executives and non-unionized supervisors of CPSEs (2007 pay revision) may be as follows:

(a)    Date from which payable: 01.01.2014
(b)    Average AICPI (2001=100) for the quarter Sept-Nov' 2013

September, 2013     238
October, 2013     241
November, 2013        243
Average of the quarter     240.66

(e)    Link Point    126.33 (as on 01.01.2007)
(d)    Increase over link point: 114.33 (240.66 minus 126.33)
(e)    Revised IA Rate w.e.f. 01.01.2014: 90.5% [(114.33 +126.33) x 100]

2. The above rate of DA i.e. 90.5% would be applicable in the case of IDA employees who have been allowed revised pay scales (2007) as per DPE O.M. dated 26.11.2008, 09.02.2009 & 02.04.2009.

3. All administrative Ministries/ Departments of the Government of India are requested to bring the foregoing to the notice of the CPSEs under their administrative control for necessary action at their end.

sd/-
(Samsul Hague)
Under Secretary

Source: www.dpe.nic.in
[http://dpe.nic.in/sites/upload_files/dpe/files/glch04b146_08012014.pdf]

Stereotype Court Cases of Defence Personnel - DESW Instructions thereon

Stereotype Court Cases of Defence Personnel - DESW Instructions thereon

Ministry of Defence
Deptt. of Ex-Servicemen Welfare
D (Pension/Legal)

Subject: - Processing of stereotype court cases for appeal - instructions to the Service Hqrs.

The Department has been processing hundreds of court cases of similar types tabulated below for appeal seeking advice of Law Officers through LA (Def.). The MoD has filed appeals in almost all types of cases as per advice earlier tendered by Law Officers through LA (Def.).

S.No.	Case type	Opinion of Ld. SG/ Ld. ASG	Status
1.	Extending benefit of broad banding of disability meant for "invalidated out" Armed Forces Personnel only to ineligible class of Armed Force Personnel- Retired/discharged/released (leading case of Ex Lt. Gen Vijay Oberoi, OA No. 329 of 2010 in AFT Chandigarh — case of post 1996 era Armed Forces Personnel retired on attaining age of superannuation)	Ld. ASG Vivek K. Thanka opined in April 2011 go for appeal. Later on, on a separate reference the Ld. SG of India Shri. Rohinton F. Nariman seconded in November 2012 to go for appeal in all cases where broad-banding of disability has been allowed in Retired/discharged/ released cases.	Civil appeal No. 2258 of 2012 stands admitted by the Hon'ble Supreme Court.
2.	Extending benefit of broad banding of disability meant for "invalidated out" Armed Forces Personnel only to ineligible class of Armed Force Personnel- Retired/discharged/release d (leading case of Ex Capt. K.J.S. Buttar, SLP No. 5591 of 2006-case of pre- 1996 era Armed Forces Personnel discharged on completion of tenure).	Ld. ASG Shri Harin P Raval opined in Sept. 2011 to go for review of judgement of Hon'ble Supreme Court in KJS Buttar's case. Later on, on a reference separately Ld Solicitor General of India Sh. Rohinton F. Nariman seconded in November 2012 to 1 for review of decision in KGS Buttar's case.	The review petition stands filed before the Hon'ble Supreme Court.
3.	Granting disability pension to Armed Force Personnel whose IDs are assessed and graded by Medical Board as neither attributable nor aggravated (NANA) by Military Service.	Ld. Solicitor General of India Shri. Mohan Parasaran opined in September 2013 to go for appeal in case of Ex SEP Bashir Khan (2656219).F.N.PC to MFA/01792/614/DSCAC	Drafting SLP is in process of being filed. Few appeal in "NANA" cases are filed in the Supreme Court.
4.	Granting benefit of trade rationalisation to pre-96 retirees from 01.01.96 irrespective of the Govt. instructions providing for flow of benefits from 01.07.2009 (leading case of Jai Narayan Jakhar, CWP No. 15400 of 2006).	Ld. ASG Vivek K. Tankha has opined in March 2012 to go for appeal in all such cases decided after issue of Govt. policy letter dated 08.03.2010.	Civil appeal has been filed in Number of cases decided on the basis of Jai Narayan Jakhar case.
5.	Granting parity of pension to Personnel Below Officer Rank (PBORs) and Other Rank (ORs) vis-à-vis Vice Roy Commissioned Officers even when the Table No. 133 tabulating pension of Vice Roy Commissioned Officers has been deleted from the Govt. instructions (leading case of Hardev Singh, OA No. 50 of 2010).	Ld. ASGs have been opining to go for appeal in numerous cases of like nature.	Civil appeal stands filed in number of cases decided by AFT in common order of Hardev Singh.
6.	Grant of Reservist Pension to ineligible Armed Forces Personnel not rendered required length of 09 years of active service plus 06 years of reserve service,	Ld. ASG (Shri P.P. Malhotra) has opined In case of G.C. Singh (260871),Ex AC-I to go for appeal as required length of service (9 years regular + 6 years reserve service) is not rendered by the petitioner. F.N. Air HQ/41006/SP/454/PA(CC)	Draft SLP received from Central Agency Section, Supreme Court. Forwarded to Service Hqrs for filing with supporting documents.

 

2. Processing of each and every court case of the types mentioned above at the Department level increases paper work at various levels and delays process of filing of appeal.

 3.    It has been decided that henceforth court cases similar to the types mentioned above (S.No. 1 to S.No. 6) need not be submitted to the Department for processing for appeal. The Service Hqrs. may straight away process such cases for appeal in consultation with respective JAG without routing such cases to the Department. In case of difference of opinion, the Service Hqrs. shall submit such cases to the Department for directions.

4.  This has approval of the Secretary (ESW).

(R.K. Verma)
Under Secretary (Pension/Legal-I)

JAG(Army, Air-Force, Navy), AG/PS-4(LeoaI), DAV (LC), PDPA (Navy)
MoD ID No. 1(11)2013/D (Pension/Legal) dated 02.01.2014

Source: http://www.desw.gov.in/
[http://www.desw.gov.in/sites/upload_files/desw/files/pdf/Stereotype-court-cases.pdf]

DRDO makes own rules on pay scales: TOI News

DRDO makes own rules on pay scales: TOI News
HYDERABAD: Sixteen months after it was pulled up for sanctioning projects without the approval of the government, the Hyderabad-based Defence Research and Development Organisation (DRDO) has done it again. This time, the premier defence research establishment has amended the pay scales of its employees on its own in violation of the rules and without the approval of the Union finance ministry.

Documents in possession of TOI show that DRDO amended or upgraded the Grade Pay of Technical Officer 'A' from Rs 4,600 to Rs 4,800. The defence organization effected the hike in 2009 with retrospective effect from 2006 and it came to the knowledge of the Union finance ministry in April 2012 through a query raised under the Right To Information (RTI) Act. A furious finance ministry then held that the order was 'irregular' and sought a strong-worded explanation from DRDO. The defence organization was also directed to withdraw the higher pay scale already granted to its Technical Officers.

But what followed was hilarious! In response to the reprimand from the Centre, DRDO reportedly sought retrospective permission for amending the Grade Pay scales. At this, an even furious finance ministry turned down the request in a strongly worded letter saying that the "arrangement was irregular, contrary to the accepted recommendations of the 6th Central Pay Commission (CPC) and in violation of allocation and transaction of business rules since it had been undertaken suo motu without reference, much less concurrence."

The finance ministry also rubbished the claims of DRDO that this was done to maintain 'relative hierarchy of Senior Technical Assistants (STA 'C') vis-a-vis Technical Officers 'A'. DRDO was reminded that 6th CPC's recommendations were aimed at de-layering the government and that ensuring the same 'relative hierarchies' as existed before the CPC awards defied the very purpose of rationalisation/standardization of pay scales attempted by successive Pay Commissions. At the end, DRDO was once again asked to withdraw the orders.

And now, DRDO in an attempt to cover up its administrative blunder, has distressed its more than 1,100 such technical officers across its 52 laboratories of which almost 124 promotees have already retired. In December 2013, DRDO not only downgraded these officers of DRDO Research and Technical Cadre, but also asked these officials to appear for special review and assessment and interview schedule in addition to the recovery of money so paid to them.

Meanwhile, the aggrieved officials maintain that it took them five years residential period and rigorous assessment tests to earn technical officers promotions from Rs 4,600 to Rs 4,800 grade. The DRTC Officers Association has reportedly urged defence minister A K Antony to bring the erring officers to book. These officials have been asked to return money to the tune of Rs 1,000 to Rs 5,000 earned monthly all these years as a result of this increased grade pay.

This was the second instance that DRDO has been found indulging in arbitrary functioning. About 16 months ago, a clandestine audit conducted by the Comptroller General of Defence Audit (CGDA) on the instructions of defence minister Antony, found major anomalies in DRDO's arbitrary functioning. The defence organization was found guilty of sanctioning projects without government approval etc.

When asked about the developments, DRDO director general Avinash Chander said "while following the orders, the defence organization is trying to find a solution to the problem and issues raised by the technical officers issue." Dr G Malakondaiah, chief controller, R&D (HR) at DRDO, while refusing to comment upon the orders in the past, said attempts are on to find a way out of the situation stemming out of the technical officers' pay scale issue.

Curious case of pay hikes

In violation of rules and without the approval of the Union finance ministry, DRDO has amended the pay scales of its employees in 2009

The premier defence research establishment upgraded the Grade Pay of Technical Officer 'A' from Rs 4,600 to Rs 4,800 with a retrospective effect from 2006

After coming to know about it in April 2012, the Union finance ministry reprimanded the DRDO and directed it to withdraw the 'hikes.' In response, DRDO sought a retrospective permission from the finance ministry instead

A furious finance ministry then held that the order was 'irregular' and sought a strong-worded explanation from DRDO

DRDO in an attempt to cover up its administrative blunder, has distressed more than 1,100 technical officers across its 52 laboratories of which almost 124 promotees have already retired

Source: http://timesofindia.indiatimes.com