3% reservation for differently-abled persons be given in all category of government jobs: Supreme Court

3% reservation for differently-abled persons be given in all category of government jobs: Supreme Court

 The Supreme Court today held that three per cent reservation for differently-abled persons be given in all category of government jobs including in appointments and promotions to IAS while pulling up the Centre for "frustrating" the very purpose of empowering legislation by opposing it.

A bench headed by Chief Justice R M Lodha said the disabled persons have not got their due in the last 19 years after framing of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, which was passed in 1995.

Additional Solicitor General Pinky Anand, appearing for the Centre, contended that reservation cannot be given in case of promotion to Group A and Group B officers category as it is not a case of appointment.

The bench, however, observed that appointment is a broader concept and the Centre is giving a narrow interpretation of it.

"You are frustating the very reservation policy and cause of class for which Parliament passed the law," the bench said.

"For the last 19 years it is not being implemented and the class, for which the legislation was made, had not got benefited as it should have," the bench said.

The court dismissed the petition of Centre challenging order of  Bombay High Court which had directed the Centre and the Union Public Service Commission to implement a 3 per cent quota in direct recruitments and promotions for the disabled in the IAS.


Source : The Economic Times

Merger of ASP cadre in to PS Gr. B cadre : Meeting postponed

Merger of ASP cadre in to PS Gr. B cadre : Meeting postponed.

No. 25-35/2011-PE-I
Government of India
Ministry of Communications & IT
Department of Posts
(PE-I Section)

Dak Bhawan, Sansad Marg,
New Delhi – 110 001
Dated:12th September, 2014

To,
The General Secretary,
All India Association of Inspectors and
Assistant Superintendents, Posts,
CHQ Qtr. No. 12, P & T Colony,
Khurshid Square, Civil Lines, Delhi – 110 054

Subject: Merger of ASP cadre in to PS Gr. B cadre – Proposal regarding.

Sir,

Kindly refer to this office letter of even number dated 28.08.2014, on the subject mentioned above, wherein the Association was requested to attend a meeting with Director (Estt.) on 16th September, 2014 at 11:00 am to come up with a viable proposal for restructuring of IP and ASP cadres. However, this is to inform that due to some unavoidable circumstances the meeting has been postponed. The next date of meeting will be intimated shortly.

Yours faithfully,

Sd/-
(Tarun Mittal)
Assistant Director General (PE-I)
Tele: 011-2303 6239

Pre-2006 Pensioners - Fixation Case : Details by Confederation

PRE-2006 PENSIONERS - FIXATION CASE

1.      After reading our earlier website write up (Sl.2) on the above subject, some readers have sought the details of the case.

2.      The facts of the case briefly stated are as under:

         a)    The VI CPC in para 5.1.47 of their report recommended that the fixation of revised pension as per the table given by them “will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired”.

         b)    The Government of India in their Resolution No.38/37/08-P&PW(A) dated 29-8-2008 accepted the above proviso by reproducing it per verbatim at item 12 of the statement showing the relevant recommendations and decision of the Government thereon (vide Annexure to the said Resolution).

         c)    In Department of Pension & Pensioners Welfare O.M No.38/37/08 P&PW dated 1-9-2008 same proviso has been incorporated at para 4.2 thereof.


         d)    The Department of Pension & Pensioners Welfare through their clarificatory O.M. No.38/37/08 - P&PW (A) pt. 1 dated 3-10-2008 however modified the para 4.2 of their OM dated 1-9-2008 as under:

                 The pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated (i) at the minimum pay in the pay band (irrespective of the prerevised scale of pay from which the pensioner is retired) plus grade pay corresponding to the prerevised pay scale.”

         e)    In other words in all cases it would be minimum pay of the pay band which would be taken and not the minimum pay in the pay band corresponding to the pre revised pay scale from which the pensioner had retired.

         f)     This clarification was challenged by the Central Government SAG (S-29) Pensioners Association in Principal Bench of the Central Administrative Tribunal (vide O.A. No.655/2010). Hon’ble Tribunal in their order dated 1-11-2011 quashed the above clarificatory order of Department of Pension & Pensioners Welfare dated 3-10-2008 and directed the respondents refix the pension of all pre 2006 retirees with effect from 1-1-2006 based on Government Resolution dates 29-8-2008.

         g)   Government of India challenged the above decision of the said Tribunal before Delhi High Court vide WP (C) No.1535/2012 which was dismissed by the High Court vide their order dated 29-4-2013 upholding the decision of the Tribunal.

                Government of India then filed the following S.L. Ps etc.
                (i)    SLP (C) No.23055/2013 dismissed on 29-7-2013.
                (ii)   Review Petition (C) No.2492/2013 dismissed on 12-11-2013.
                (iii)  Curative Petition (C) No.126/2014 dismissed on 30-4-2014.
                Thus the CAT verdict dated 1-11-2011 attained legal finality.
                On 15-5-2014 the Hon’ble CAT Principal Bench New Delhi disposed of the contempt petition No.158/2012 directing the Union of India to implement the directions of the Tribunal expeditiously, preferably within three months”.

3.      The Department of Pension & Pensioners Welfare in their letter No.38/77-A/09-P&PW(A) dated 29-5-2014 written to the Secretary of Petitioner Associaiton (Central Govt. SAG (S-29) Pensioners Association) has stated that as per the directions of Hon’ble CAT their order dated 1-11-2011 is required to be implemented “only in respect of Petitioners in O.A. No.655/2010 and not in respect of all pre 2006 retirees as per the Tribunals order dated 1-11-2011.
      
          There is no such direction that it should be implemented only in respect of Petitioners. May be that Government Advocate had indicated that Government is willing to implement the judgment qua petitioners but the Tribunal had disposed of the contempt Petition by directing the Union of India to implement their directions dated 1-11-2011 expeditiously.

4.      It will not be out of place to mention here that in response to answer to Lok Sabha unstarred question No.3406 Govt. replied that  the above directions of the CAT Principal Bench had already been implemented in respect of all pre 2006 retirees but from an arbitrarily fixed date of 24-9-2012 (vide Department of Pension & Pensioners Welfare O.M. F.No.38/40/12 P&PW(A) dated 28-1-2013) This order was not restricted only to members of the Petitioners Association. Accordingly the direction to implement it wef 1-1-2006 issued by the CAT has to be implemented in respect of all pre 2006 retirees also.

M. Krishnan
Secretary General
Confederation
Mob: 09447068125
e-mail: mkrishnan6854@gmail.com

Source: http://confederationhq.blogspot.in/2014/09/pre-2006-pensioners-fixation-case.html

Government considering a fine of Rs. 20,000 for smoking in public places

The Central Government is giving serious thoughts about imposing fines ranging from Rs. 200 to Rs. 20,000 for smoking in public places.

The government has decided to impose strict laws to curb the menace of smoking, which causes deadly diseases like cancer and heart attack. The proposal is likely to be presented during the winter sessions of the Parliament. An expert committee, chaired by the former Chief Secretary of Delhi administration, Ramesh Chandra, was formed in this regard. The committee has submitted its report and recommendations to the Ministry of health and sanitation last week.

The recommendations presented by the Committee include –
 

Breaking the cigarette packs and sale of one or two cigarettes should be banned.

The minimum age of smokers must be raised from 18 to 25.

Smoking in public places must be declared as criminal offence and violators must be made to pay penalty of Rs. 200 to Rs. 20,000.

Penalty amount for manufacturers who do not print the statutory warning message on the packets must be raised from Rs. 5000 to Rs. 50,000.

Advertisements of tobacco products must be prohibited at the place of sale.

It was found that nearly 70% of the cigarettes sold at retail outlets are from broken packets. Smokers, instead of buying the entire packet, purchase one or two cigarettes from the shops.

There is a general feeling that the Government must pay similar attention to the alcohol problem too.

Source: Govtenews

Gazette Notification regarding minimum pension of Rs.1000/- pm under EPS,1995

Gazette Notification regarding minimum pension of Rs.1000/- pm under EPS,1995

REGD. NO. D. L.-33004/99

The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY

No. 429] NEW DELHI, TUESDAY AUGUST 19, 2014/SRAVANA 28, 1936

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 19th August, 2014.

G.S.R. 593 (E).—In exercise of powers conferred by section 6A, read with Sub-section(1) of Section7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1995, namely:-

1.
(1) This Scheme may be called the Employees’ Pension (Second Amendment) Scheme, 2014.

(2) It shall come into force on and from the 1st day of September, 2014.

2. In the Employees’ Pension Scheme, 1995(hereinafter referred to as the principal Scheme), in paragraph 12, after sub-paragraph (7), the following sub-paragraph shall be inserted, namely:-
“(7A) The monthly member’s pension including any relief payable to any existing or future member under this paragraph shall not be less than one thousand rupees for the financial year 2014-15.”.

3. In the principal Scheme in paragraph 15, for the words, brackets and figures “sub-paragraphs (2) to (5) of paragraph 12, as the case may be,”, the word and figures “paragraph 12” shall be substituted.

4. In the principal Scheme, in paragraph 16,-
(a) in sub-paragraph (2), in clause (a), after sub-clause (iv), the following sub-clause shall be inserted, namely:-
“(v) in all the cases, where the monthly widow pension including relief, if any, is less than one thousand rupees per month, the amount of monthly widow pension in such cases shall be enhanced to one thousand rupees per month for the financial year 2014-2015.”;
(b) in sub-paragraph (3), for clause (b), the following clause shall be substituted, namely:-

“(b) Monthly children pension for each child shall be equal to 25 per cent of the amount admissible to the widow of the deceased member as monthly widow pension payable under clause (a) of sub-paragraph (2):
Provided that the minimum monthly children pension including relief, if any, for each child of the deceased member shall not be less than two hundred and fifty rupees per month for the financial year 2014-2015.”;
(c) in sub-paragraph (4), for clause (a), the following clause shall be substituted, namely:-

“(a) if the deceased member is not survived by any widow, but is survived by children falling within the definition of family or if the widow pension is not payable, the children shall be entitled to a monthly orphan pension equal to 75 per cent of the amount of the monthly widow pension as payable under clause (a) of sub-paragraph (2):

Provided that the minimum monthly orphan pension including relief, if any, for each orphan shall not be less than seven hundred and fifty rupees per month for the financial year 2014-15.”.

[F. No. R-15025/3/2007.SS-II/Pt.II]

ARUN KUMAR SINHA,Addl. Secy.

Foot Note.- The Employees’ Pension Scheme, 1995 was published in the Gazette of India vide notification number G.S.R. 748(E), dated the 16th November, 1995 and was lastly amended vide notification number G.S.R. 80(E), dated the 14th February, 2013.

Source: http://www.labour.nic.in/upload/uploadfiles/files/latest_update/what_new/5400645038fa3MinimumPensionofRs.1000.pdf

Demand for one-rank one-pension to be considered: Rajnath Singh

Demand for one-rank one-pension to be considered: Rajnath Singh

BHUJ: The demand for granting one-rank one-pension to paramilitary personnel would be considered, Home Minister Rajnath Singh said today.

The Home Minister’s assurance came during an interaction with jawans of Border Security Force during a visit to the frontier district of Kutch along the India-Pakistan border.

Singh also inaugurated the integration of a Gujarat government project – Bhaskaracharya Institute for Space Applications and Geo informatics (BISAG) – with the BSF.

The Home Minister was briefed about the details and utility of BISAG and need for dedicated, encrypted channel for paramilitary forces.

Singh also addressed some BSF jawans live through BISAG and interacted with them. Some of the jawans telephonically made requests regarding increase of air courier services in the Northeastern region and Jammu and Kashmir and regarding time-bound promotions.

Yesterday, the Home Minister visited BSF Mooring place (Satish) Koteshwar where he was briefed about issues concerning border areas, creek and coastal security.

Source: http://economictimes.indiatimes.com

Declaration of assets and liabilities by Government Employees – Confederation writes to Cabinet Secretary

Confederation writes to Cabinet Secretary regarding the declaration of Assets and Liabilities by Central Government Employees and Exhibiting all the details of movable assets in the website accessible to everyone…

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
1st Floor, North Avenue PO Building, New Delhi – 110001
Website: WWW. Confederationhq.blogspot.com
Email: Confederationhq@yahoo.co.in

Patron S.K.Vyas 09868244035

President K.K.N.Kutty 09811048303

Secretary General M.Krishnan 09447068125

NO. CONF/GENL/2014

DATED – 11-09-2014

To
The Cabinet Secretary
Government of India
Cabinet Secretariat, Rashtrapati Bhawan,
New Delhi – 110001

Sir,

Sub: – Declaration of assets and liabilities by Govt. Employees – exhibiting the details of movable assets in the website – regarding.

All the Central Govt. employees, as per the latest order of the Department of Personnel & Training (DOP&T) have to declare their assets and liabilities, both movable and immovable, as well as their spouses and dependents latest by 15th December 2014. All these informations would be then be put up by the respective ministries on their website accessible to everyone.

A large number of Central Govt. Employees have expressed their fear that putting up details of movable assets such as jewellery and cash in hand and bank would pose a security threat to them and their dependents, leave their children vulnerable to kidnapping and ransom demands.

There are various sources the Government employees would have accumulated wealth such as gift from parents, grandparents property, self-earning, wife-side property, or children’s contribution etc. Putting this information in the public domain would leave them and their family members vulnerable.

It is therefore requested that necessary action may be taken in this regard, so that all such information as stated above shall not be displayed on public domain.

Yours faithfully,

(M. Krishnan)
Secretary General
Mob: 09447068125

e-mail: mkrishnan6854@gmail.com

Source: http://confederationhq.blogspot.in/

Delhi High Court Grants Interim Ban on Providing Information about Assets Owned by Central Government Employees’ Spouses

Delhi High Court Grants Interim Ban on Providing Information about Assets Owned by Central Government Employees’ Spouses

The Delhi High Court has imposed an interim ban on one of the conditions of the Lokpal Act, which stipulates that in addition to the details of the properties owned by himself/herself, the Central Government employee must also submit information about the properties and assets owned by the spouse and children.

Since 2011, it has been made compulsory for higher officials to submit annual reports containing details of the immovable properties owned by them. But, now it was ordered as per the Lokpal Act, that all Central Government employees (Group A, B, and C) must submit the details of their properties and liabilities on or before September 15. The deadline has now been extended to 15th December 2014. And, collecting of these informations would be then be put up by the respective ministries on their website.

Along with information of properties possessed by them, Central Government employees will also have to submit details of the properties owned by their spouses and children. The rule is applicable to male and female Central Government employees.

Details that have to be presented by the Central Government employee, regarding properties owned by him, his spouse and children include –

• Liquid cash
• Cash in savings accounts and all other deposits
• Investments in bonds, debentures and mutual funds
• Investments in Post Office Monthly Income Schemes, and insurance plans
• Details of investments in new pension investment schemes
• Motor vehicle registration numbers and value
• Jewellery, gold and other precious metals (details of the weights)
• Details of the immovable properties (plot/house/flat/commercial establishment/industry, etc.)
• Details of debts and liabilities (of self/spouse’s/children’s)

Meanwhile, opposition to this order issued by the Centre continues to grow. A petition was presented at the Delhi High Court praying for revoking the order, stating that it was wrong on the part of the Government to demand details of the properties owned by the spouses and children of the Central Government employees.

After examining the petition, Justices Raghavendra Bhatt and Vipin Singh, of the Delhi High Court have issued a conditional interim stay on the orders demanding information on the properties owned by the spouses and children of the Central Government employees.

Final orders will be issued in the month of November. Until then, the interim ban is applicable to all the Central Government employees.

Source: www.cgstaffnews.in

Dopt Orders - Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers’ Grade man their juniors

Dopt orders on Stepping up of pay of senior drawing less pay on promotion than juniors…

Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers’ Grade man their juniors – OM No.18/2/2007-CS-I dated 20.05.2014 – Followup action regarding.

F.No.18/2/2014-CS-I(S)
Government of India
Ministry of Personnel. PG & Pensions
Department of Personnel & Training

2nd Floor, A Wing, Lok Nayak Bhawan, Khan Market
New Delhi, the 9th September, 2014

OFFICE MEMORANDUM

Subject: Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers’ Grade man their juniors – OM No.18/2/2007-CS-I dated 20.05.2014 – Followup action regarding.

The undersigned is directed to refer to this Departments OM No.18/2/2007-CS-I dated 20.05.2014 and subsequent clarifications issued vide OM dated 08.07.2014 on the subject mentioned above.

2. The Ministries/Departments were requested vide OM dated 20.05.14 that stepping up of pay already allowed in cases where the individuals are not covered by the OMs dated 13.04 1988, 23.02 1994 and 08.10.1996 and where conditions laid down in the OM dated 04.11.1993 are also not fulfilled, may be reviewed and pay re-fixed accordingly. They were further requested that the excess payments made to the employees in the cases of wrong stepping up of pay may be recovered in terms of DOP&Ts OM No.18/26/201 1-Estt(Pay-I) dated 06.02.2014 and a compliance report in this regard furnished to this Department by 31.08.2014. However the compliance reports are still awaited from the Ministries/Departments.

4. The Ministries/Departments are once again requested to furnish the compliance report in this regard immediately.

sd/-
(R. Venkatesan)
Under Secretary to the Govt. of India

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/steppinguup.pdf]

INDWF published outcome of the JCM III level meeting held on 25th and 26th August 2014 at OFB HQrs. Kolkatta…

INDWF published outcome of the JCM III level meeting held on 25th and 26th August 2014 at OFB HQrs. Kolkatta…

 

Implementation of financial Upgradation under ACP/MACP in DGOF

INTUC
INDIAN NATIONAL DEFENCE WORKERS FEDERATION

INDWF/Affiliated Unions/ACP-MACP/2014

Date 08.09.2014

To
All Affiliated Unions of INDWF
Ordnance Factories,

Dear Colleagues,

In the recent meeting of the OFB JCM III Level council held on 25th and 26th August, 2014 at OFB HQrs, Kolkatta. During the meeting, the Staff side raised the issue regarding proper implementation of financial upgradation under ACP/MACP. Some Factories implemented properly and some factories denied implementing the same. Accounts authorities also did not agree the proposals of Factories.

In this regard, it was agreed by the official side to convene the Admin/Personnel officers of Ordnance Factories at NADP, Nagpur alongwith Accounts Officials for which the issues of
ACP/MACP is required to be forwarded for discussion to Ordnance Factory Board within 10 days.

Therefore all the Unions are requested to submit the details of ACP/MACP issues unsettled immediately with reference to the orders on the subject.

— Upto 31.08.2008 — ACP under Financial upgradations is to be granted on Promotional Hierarchy ignoring the promotion granted prior to 01.01.2006 for the erstwhile Group D employees and Labourer USK to Labourer SK.

— NIEs Group ‘D’ — Labourer SSK — then Tradesman SSK all should be ignored for ACP and their promotion to SK should also be ignored and 1st ACP should be Rs.2400 Grade Pay and 2nd ACP should be Rs.4200/- Grade Pay if they are eligible before 31.08.2008.

— NIEs Group ‘D’ categories like Peon, Duftry, Gestner Operator, Tracer etc., are eligible for promotions as per SRO of NIEs induding Durwans to supervisor and Chargeman. This has not been fully implemented, Whether this has been implemented If not what are the actions from the respective Factories.

— ACP till 31.08.2008 and MACP w.e.f. 01.09.2008 which is promotional hierarchy and Grade Pay hierarchy respectively whether this has been implemented/ Granted to the eligible employees.

Replies on each case may be sent with details and also the cases in addition if you are having may be sent by E-mail (indwfrsrinivasan@gmail.com) to the undersigned for forwarding
the same to OFB Hqrs.

Yours fraternally,

(R.SRINIVASAN)

General Secretary

Source: INDWF