Thursday, November 26, 2015

Briefcase Allowance of 7th Paycommission

Briefcase Allowance of 7th Pay Commission

8.17.5 Certain categories of Central Government employees are entitled to reimbursement of expenditure incurred on purchase of briefcase/official bag/ladies’ purse as per the following provisions:

Pay Band/GP Ceiling (Rs.)
Apex 10000
HAG, HAG+ 8000
GP 10000 6500
GP 7600 to GP 8700 5000
GP 4800 to GP 6600 4000
GP 4200 to GP 4600 3500

8.17.6 The periodicity of reimbursement is restricted to once in three years. No demands have been received regarding this allowance.

Analysis and Recommendations

8.17.7 The Commission is of the view that the present rates are adequate However, the ceiling shall further increase by 25 percent each time DA increases by 50 percent

Source: 7cpc.india.gov.in

7th Pay Commission Shortcomings – BPS writes to FM

7th Pay Commission Shortcomings – BPS writes to FM

Bharat Pensiners Samaj, one of the oldest & the largest Federation of Indian pensioners writes to Finance Minister regarding the recommendations of 7th Pay Commission. The Federations insists to redress the eight serious shortcomings in the recommendations of 7th CPC. Particularly in the fitment factor issue, the Federation appeal to provide 2.81 fitment benefit for all employees without any discrimination. Read the detailed letter is reproduced and given below for your kind information...

BPS writes to Finance Minister pointing out 7th CPC shortcomings.

BHARAT PENSIONERS’ SAMAJ
(All India Federation of Pensioner’s Associations)
New Delhi -110014
SG/BPS/ 10/2015
New Delhi-Dt. 25-11-15
To
Dear Shri Arun Jaittleyji,
Honourable Minister of Finance
Government of India

Subject : 7th Central Pay Commission report released on 19.11.2015

Sir.
With deep resentment and pain BHARAT PENSIONERS SAMAJ( BPS) the oldest & the largest Federation of Indian pensioners which is a conglomerate of over 650 Pensioners Associations appeal to you to redress the following issues which 7th CPC failed address:

1. Ratio between minimum and maximum: Instead of reducing it is raised which is against the preamble of the Constitution of Indian Republic.

2. Minimum salary has been intentionally calculated to be lower to keep common fitment factor low. Counting employees’ wife as 0.80 unit is gender biase and is totally unjustified. Quantities & rates taken for the items in basket are unrealistic for example Rs 524.07 per month is provided Even the lowest category of Govt. accommodation is not available at this rate. Similarly rate of ‘Dal’ is taken to be 97.84 per Kg. No ‘ Dal‘ is or was available in the market at this rate. Quantity of Milk is taken to be 200 ml per unit per day which is too little for a vegetarian rate of Milk is taken to be Rs 37.40 per Kg which is lower than market rate.

3. According to 7th CPC 2.57 fitment factor is for all employees. But, in fact. 2.81 fitment has been given at Secy level. This is robbing Peter to pay Paul, violative of CPC own recommendation and that of Article 14 of the constitution of India. 2.81 fitment benefit should be provided to all employee without any discrimination.

4. Raising percentage of pension based on sustenance: Analysis given by CPC is silent on sustenance this is unjustified rejection.

5. OROP recommended by 7th CPC for all. But through the jugglery of pay matrix, for promotee officers and group ‘C.‘ it will end up only in modified parity. This needs rectification to ensure absolute parity for all.

6. Additional pension at 75 yrs of age is denied only because Defence Ministry did not agree this is rather absurd. If Defence Ministry does not want to have it, let them not have it. Why make others suffer on this account?

7. Medical facilities : While the Commission’s recommendations regarding merging of all postal dispensaries with CGHS dispensaries and inclusion of non CGHS covered postal Pensioners are welcome.

However, its recommendations regarding Health insurance for pensioners do not suit existing pensioners on account of no coverage of existing disease without lock-in period, no provision of OPD facility , payment of premium and less amount of coverage.

Under signed, wish to draw your kind attention to para 9.5.18 (iii) of the 7th CPC and request you to create without delay a combined entity of CGHS, ECHS-RELHS which in terms of 7th CPC would result in a very strong network of health facilities for the Central Government employees/pensioners across the length and breadth of the country.

8.Scraping of New Pension scheme(NPS) : It has come out through 7th CPC report that though NPS was introduced more than a decade back Govt; to date could not firm up rules in this regard. With the result over 300000 employee recruited after 2004 may not have enough funds in their accounts at retirement to ensure financial security. Center and state Govt’s share of contribution is insufficient and these governments are not depositing their contribution in time, investments are subjected to service tax & withdrawals are taxable under Income Tax with the result there would not be enough money for reasonable post retirement financial security. Due to ever rising inflation, this situation will go on worsening year by year and will go out of hand by the time of retirement of the beneficiary. This is more than sufficient reason to scrap NPS & to revert to pre 2004 defined benefit Pension Scheme.

Thanking you in anticipation.
sd/-
S.C.Maheshwari
Secy. General Bharat Pensioners Sama

Abolishing 12 Interest free advances including LTC Advance recommended by 7th CPC

7th Pay Commission recommendations on LTC advance and Medical Advance

Abolishing 12 Interest free advances recommended by 7th CPC

The 7th Pay Commission has , in a casual manner, recommended that all interest free advances to be abolished. The impact of this recommendation is yet un noticed by the central government employees
There are 12 Interest free advances are listed in that table provided in the 7th CPC Report. When hearing the news that 7th cpc has recommended to abolish interest free advances , every body thought that some advances like festival advances only will be abolished. But if you read the names of advances recommended for abolishment, it will give you little bit shock.

In general opinion, the amount that is paid for government servants in some occasions and for specific purposes and the same will be recovered through monthly instalments are considered advances.

But the advance paid for Medical treatment and LTC are not supposed to be included this list, since it is reimbursable in nature and will not be recovered by Government.

The amount paid as advances to the Medical treatment and LTC are not recoverable by government if there is no any default in the claim. since the expenses incurred should be reimbursed to the Govt servants according to their entitlements, the amount paid in advance can be adjusted against the claim of reimbursement is sanctioned. So there is no need of repaying the advance to government in respect of Medical and LTC advances.These should not be included in the list of interest free advances.

Eventually abolishing these advances will make the central government employees not to avail LTC facility and medical treatment in Private hospital, since the amount of 90 % of the expenses paid in advance will not be available for them any more due to this recommendation. By availing this advances they were able to manage the Medical Expenses and by availing this advance only they were able to bye Air or Train Tickets to go on LTC.

Without these advances, the Group C and B employees cannot imagine availing of LTC to visit some places in India with their family.

The Central Government should not accept the proposal of Abolishing these advances.

Source: GServants.com

New Pension Scheme : Analysis of the Issues by the 7th Pay Commission

New Pension Scheme : Analysis of the Issues by the 7th Pay Commission

10.3.12 The Commission has examined these concerns raised by the stakeholders. The Commission also interacted with Chairman, PFRDA, and representatives of the Department of Pensions and Pensioners Welfare (DPPW), Department of Personnel and Training (DoPT), Department of Expenditure (DoE) and the Department of Financial Services (DFS).

10.3.13 In so far as the future value of pension under NPS is concerned, the Commission notes that this would depend upon a combination of factors:
(i) performance of the invested fund, which in turn would depend on the asset mix of the investment and general economic situation of the country,
(ii) cost of financial intermediation,
(iii) contribution rates,
(iv) period of contribution,
(v) performance of the fund manager and
(vi) development of the annuity market.
Grievances against the NPS

The NPS has now been in effect for over 10 years. During this period, there has been perceptible progress in putting together the architecture and providing information to subscribers. Major concerns, however, remain. Broadly, these are as under:
i. The larger federations and staff associations advocated scrapping the NPS on the ground that it discriminates between two sets of government employees.
ii. Individuals covered under NPS have pleaded for reverting to the OPS on the grounds of uncertainty regarding the actual value of their future pension in the face of market related risks.
iii. Individuals have pointed out that under NPS, the effective salary becomes less since the employee has to mandatorily contribute 10 percent of pay towards the pension fund.
iv. Individuals have stated that grievance redressal facility is not effective and consultation with stakeholders has been non-existent. This communication gap has generated insecurity in the minds of stakeholders including staff and Group ‘A’ officers of Central Government as well as All India Service Officers.
v. Associations have complained that Family Pension after the death of the employee is not ensured in the NPS. Moreover, if an employee dies at an early age, the family would suffer since annuity from the contribution would be grossly inadequate.
vi. Individuals have complained that NPS subscribers have no recourse to GPF for their savings. Their personal savings (10% of salary) are considered part of a larger corpus. It has been pointed out that the justify approach would be to consider only government’s contribution and the returns earned on it as the effective amount available for purchase of annuities.
vii. Associations have pointed out that unlike the facility under GPF, it is not possible to take refundable advances under NPS, even to meet obligatory social expenditure. This forces employees towards increased indebtedness as they have to borrow from elsewhere.

viii. Grievances also relate to tax treatment under NPS. While contributions and accumulations in NPS are exempt, lump sum withdrawals from NPS at any time are taxable at par with any other income. In addition, there is a service tax liability on any amount utilised for purchase of annuity.

ix. It has been pointed out that though NPS became effective from 2004, detailed instructions were issued only in late 2009 and in many cases the credit of contributions began from 2012. In the case of AIS officers in some States, contributions by the concerned State Government are yet to be fully made and deployed. The net result of this has been that contributions for the period 2004-2012 have not been made in full or have earned simple interest and did not get any market linked returns. Because of the prevailing confusion, contributions made by some AIS officer have been returned to them without interest. This will have a huge impact on the eventual corpus as the benefits of compounding were not available for the first 8 -9 years.

x. Individuals, in their presentation before the Commission, stated that annuities under NPS have no compensation for inflation unlike dearness relief under OPS. Further, in the case of OPS there is a revision in basic pension itself after every Pay Commission. This too is not available in respect of annuity of NPS subscribers.

xi. It has been pointed out that government employees are not given freedom of choice in choosing their fund manager based on performance and track record as the contributions are divided in a pre-specified ratio among selected Pension Fund Managers. It has been stated that government employees have no say in asset allocation
of their money.

xii. Concerns were raised that the contribution of 10% + 10% will not be sufficient to create a corpus which provides reasonable assurance that pension will be 50 percent of the last pay drawn.
Authority : http://7cpc.india.gov.in/
7CPC, 7th Central Pay Commission, 7th CPC News, 7th CPC Report, 7th CPC Shortcomings, National Pension Scheme, New Pension Scheme, New Pension System, NPS, Scrap New Pension Scheme

Railway Reservation for Physically Challenged made easier

Railway Reservation for Physically Challenged made easier

New Delhi: In a much-needed relief to the physically challenged persons availing concessional rail fares, Railways has rationalised provisions for allotment of berths in a sleeper class under such quota by earmarking middle seat for the accompanying passenger.

As per the revised provisions, which are to come into effect from December 22, there will be two types of physically-challenged quota of two berths each — one lower and one middle — in the same cabin.
One will be for physically challenged persons who can utilise concession only when accompanied by an escort and the second for those for whom it is optional to take an escort with them, Railways announced in a release today.

It has also been decided that whenever a physically handicapped person books ticket on concession and if no berth is available in handicapped quota, the system will automatically try to allot the lower berth to the travelling passenger and middle berth to escort, subject to availability of same at the time of booking, the release said.

These changes were necessitated following some cases of the handicapped persons for whom it is optional to take an escort were not allowed to book single berth against this quota on the ground that the second berth will go vacant (as middle berth cannot be allotted to physically handicapped persons) was brought to the notice of the Railway Ministry, it said.

This issue has now been examined by the Ministry of Railways and further rationalisation has been done to ensure optimum allotment and utilisation of handicapped quota, the release said.

According to Railways, the berths for the physically handicapped persons, who can utilise concession only when accompanied by an escort, can be booked on first come first serve basis.

Similarly, for those handicapped persons having option of taking an escort, the berths will be booked together (in the same cabin), it said.

The release also said that at the time of preparation of reservation charts, the untiled lower berths under this quota can be released to physically handicapped passenger(of either category who were kept in general waiting list due to exhaustion of their quota), single senior citizen travelling alone on priority or to waitlisted passengers as per priority.

PTI
Physically Challenged Persons, Railway Reservation, Railways, handicapped persons, PTI News, 

Wednesday, November 25, 2015

7th Pay Commission Recommended Sports Related Allowance

7th Pay Commission Recommended Sports Related Allowance


Allowances Covered
8.12.1 Alphabetical list of Allowances covered here is as under:

1. Out of Pocket Allowance
2. Refreshment Allowance
Out of Pocket Allowance
8.12.2 This allowance is paid to players and coaches of Indian Railways who participate in sports events abroad, in lieu of Daily Allowance on Foreign Travel, to take care of subsidiary expenses, at the rate of $35 per day. There is a demand to replace this allowance with Daily Allowance on Foreign Travel.
Analysis and Recommendations
8.12.3 The demand has merit. Accordingly it is recommended that Out of Pocket Allowance should be abolished and players and coaches participating in sports events abroad should be paid Daily Allowance on Foreign Travel.
Refreshment Allowance
8.12.4 This allowance is paid to players, coaches, technical officials and Railway Sports Promotion Board (RSPB) observers during National and Indian Railways’ camps and Championships, to support additional food requirements, at a uniform rate of Rs.240 per day. There are demands for three fold raise in the amount of this allowance.
Analysis and Recommendations
8.12.5 While Refreshment allowance is understandable for players/coaches/technical officials, it is not justified for observers of Railway Sports Promotion Board (RSPB). Therefore, since the allowance is not indexed to DA, it is recommended that Refreshment Allowance should be increased by a factor of 2.25 to Rs.540 per day. The amount will rise further by 25 percent each time DA crosses 50 percent. However, the allowance will be paid only to players, coaches and technical officials.

NJCA Reviewed the recommendations of the Pay Commission as a preliminary exercise

NJCA Reviewed the recommendations of the Pay Commission as a preliminary exercise

NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
Affiliated to:
Indian National Trade Union Congress (INTUC)
International Transport Workers Federation (ITF)
No.IV/NJCA(N)/2014/Part-I
Dated:20-11-2015
The General Secretaries of
Affiliated Unions of NFIR
Dear Brother,

Sub: Seventh Central Pay Commission’s Recommendations – reg.

By this time, I hope you would have downloaded the Report submitted by the Seventh Central Pay Commission to the Government from the pay Commission’s website and studies the same.

The leaders of National Joint Council of Action met at New Delhi today at 11.00 hours on 20-11-2015 and reviewed the recommendations of the pay commission as a preliminary exercise. It has been felt that the pay Commission has rejected our demand for minimum wage of Rs.26000/- p.m. The minimum Salary of Rs.18000/- recommended by the pay Commission is not only very meagre (increase of Rs.2250/- only) and is not based on any rationale. The so called publicity of 23.55% hike in the salary of Central Government employees is in fact incorrect as the increase of pay would be 14.29% only i.e less than half of the pay hike given by the Government during 1996 (Vth CPC) and about one third of pay hike from January 2006 (VI CPC) when the percentage hikes were given to the extant of 31 & 54% respectively as admitted by the Chairman VIIth CPC under para 4.2.9 at page 63 of the report. The cogent case placed before the pay Commission by us has been mutilated. It may also be noted that take home pay of the employees as a result of implementation of VIIth CPC report will be less in view of following factors:-

(a) Deduction towards Central Government employees Group Insurance Scheme – Rs.1500/- per month (as per VIIth CPC recommendation),
(b) Deduction @ 10% of pay i.e.1800/- towards Pension Subscription (NPS) every month,
(c) Income Tax deduction.

A Statement showing the adverse impact of VIIth CPC recommendations prepared by the NJCA is enclosed for guidance.

Recommendations of 7th CPC provide for higher pay hike to the higher officials but only meager sum to the low paid employees i.e. low paid employees have been given lower multiplier factor of 2.57 limiting pay upto Rs.18,000/- p.m. whereas senior Officials have given multiplier factor of 2.78/2.81 to the Secretary level Officers and above by giving them pay upto Rs.2,25,000/- & Rs.2,50,000/-. It will provide financial benefit of Rs.2250 p.m. to low paid employees whereas higher officers will get minimum benefit of Rs.45,000 to 50,000 p.m.It is also relevant to point out that the staff Side JCM demanded ratio between the minimum wage earner and higher wage earner to be brought down to 1:8 in consonance with the directives/principles of the constitution of India. Here the 7th Pay Commission has widened the disparity and has made the same to 1:14. Also the existing 52 Allowances have been abolished unjustifiably. Notably the rates of existing House Rent Allowance (30,20 & 10) have been reduced to 24,16 & 8 percent.

The National Joint Council of Action has decided to observe Black Day on 27th November 2015 wearing Black Badges all over the country to protest against the perverse recommendations of the VIIth Central Pay Commission. All the affiliates are advised to communicate with the Railway employees of all categories to show their anger against the recommendations of the Commission. Report on the activities of 27th November, 2015 may be sent to the Federation immediately.

DA/As above
Yours Faithfully,
(Dr.M.Raghavaiah)
General Secretary
Source: NFIR

Tuesday, November 24, 2015

Staff Benefit Fund – Amendment of provisions relating to Railway Staff Benefit Fund

Staff Benefit Fund – Amendment of provisions relating to Railway Staff Benefit Fund

NFIR
Natiohal Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 11O 055
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)
No.II/28/Part V
Dated: 19/11/2015
The Secretary (E),
Railway Board,
New Delhi.

Sub: Staff Benefit Fund – Amendment of provisions relating to Railway Staff Benefit Fund – Chapter 8 of the Indian Railway Establishment Code Vol.I, 1985 Edition (Second Reprint Edition -2003)-reg.
Ref: Railway Board’s letter No.E(W)2005/FU-1/4 dated 12/10/20l5 (RBE No.125/2015 -ACS No.127.
Railway Board vide letter dated l2/1O/2015 quoted under reference have issued ACS No.127 relating to Chapter 8 of the Indian Railway Establishment Code Vol.I, 1985 Edition (Second Reprint Edition – 2003). The said amendment to the R-I is based on the instructions issued by the Railway Board vide letter No. E(W)2014/FU-/l dated 30/07/2014.
In this connection, NFIR desires to point out that on making representations by the Federation amendment to these instructions were issued vide RBE No. 136/2014 on 08/12/2014 wherein wards of all non-gazetted Railway employees were made eligible for consideration of Scholarships as was being done prior to issuance of Board’s letter dated 30/07/2014. Now the Federation has noted that while issuing ACS No.127, unfortunately, the amendment dated 08/12/2014 has not been reflected in the ACS resulting confusion on eligibility of scholarships to the wards of employees whose Grade Pay is higher than Gp 4200 (PB-2).
NFIR,therefore,requests the Railway Board to issue modification so as to cover all Group “C”Staff.
Yours faithfully,
Dr.M.Raghavaiah)
General Secretary
Signed copy Click here

Kerala Dearness Allowance and Dearness Relief revised rates effective form 01.07.2015

Kerala Dearness Allowance and Dearness Relief revised rates effective form 01.07.2015

GOVERNMENT OF KERALA

Abstract
Payment of Dearness Allowance to State Government Employees and Dearness Relief to State Service Pensioners/Family Pensioners — Revised rates effective from 01/07/2015—Orders Issued.
FINANCE (PAY RESEARCH UNIT) DEPARTMENT
G.O. (P) No.525/2015/Fin.
Dated, Thiruvananthapuram,18.11.2015
Read: –
1. G.O. (P)No.85/2011/Fin, dated 26.02.2011
2. G.O. (P) No.87/2011/Fin, dated 28.02.2011
3. G.O. (P) No.614/2012/Fin, dated 08.11.2012
4. G.O. (P) No.220/2013/Fin, dated 14.05.2013
5: Letter No. PM/2/6-44/13-14/163039/694 dated 21.10.2013 of Accountant General (A&E), Kerala.
6. 0.M. No. 01/03/2015 – E-1I (B) dated 23/09/2015 of the Department of Expenditure, Ministry of Finance, Government of India.
7. 0.M. No. F—No.42/10/2014 P&P’ (G) dated 28.09.2015 of the Department of Pension and Pensioners Welfare, Ministry of Personnel, Public Grievances and Pensions, Government of India.
8.G.0 (P) No.629/2013/Fin dated 23/12/2013.
9.G.0 (P) No.335/2015/Fin dated 07/08/2015.
ORDER

In the Office Memoranda cited above, Government of India sanctioned revised rate of Dearness Allowance/Dearness Relief to Central Government employees, Pensioners and family pensioners with effect from 01/07/2015. On the basis of the above, following orders are issued:

2.(i) The rate of Dearness Allowance payable in respect of State Government Employees, Teachers, Staff of Aided Schools, Private Colleges and Polytechnics, Full time Employees borne on the contingent and work charged establishments and employees of Local Bodies will be enhanced from the existing rate of 86% to 92% w.e.f 01.07. 2015.

(ii) The Dearness Allowance payable in respect of those employees continuing in the pre-revised scale of G.O (P) No.145/2006/Fin dated 25.03.2006 will be enhanced from the existing rate of 214% to 225% w.e.f 01.07.2015.

(iii) The Dearness Allowance payable in respect of teachers coming under UGC/AICTE/Medical Education Scheme (in whose case DA up to 50% has been converted as Dearness Pay) will be enhanced from the existing rate of 223% to 234% w.e.f. 01.07.2015.

(iv) The Dearness Allowance payable in respect of the teaching staff coming under UGC/AICTE/Medical Education Schemes who have changed over to revised UGC/AICTE scale from 01.01.2006 or thereafter and Judicial Officers will be enhanced from the existing rate of 113% to 119% w.e.f. 01.07.2015.

(v) The Dearness Allowance payable to those employees who are continuing in the 1997 pay scales even after 01.01.2015 will be enhanced from the existing rate of 273% to 284% w.e.f. 01.07.2015 (up to the date of effect of option under Pay Revision 2009).

(vi) The Dearness Allowance payable to those employees in Public sector Undertakings who were getting pay and allowances based on the scales of pay admissible under 1992 Pay Revision will be enhanced as follows with effect from 01.07.2015.

Date of effectPay RangeRate of DA per month
01.07.2015Basic Pay up to Rs. 3,500 p.m

Basic Pay above Rs.3,500 up to Rs. 6,000 p.m

Basic Pay above Rs. 6000
850% of Pay

753% of Pay subject to a minimum of Rs. 29750

714% of Pay Subject to a minimum of Rs. 45180

(vii) The Dearness Allowance at the enhanced rates will be paid in cash with the salary for the month of December 2015 onwards. The arrears for the period from 01.07.2015 to 30.11.2015 will be drawn and credited to the Provident Fund Account of the employees along with the salary bill for any of the months from December 2015 to June 2016. This procedure is applicable to those employees continuing in the Pre-revised scale even after 2009 Pay Revision and even after 1996 UGC/AICTE/Medical Education Scheme. No withdrawal other than final withdrawal of arrears of Dearness Allowance credited to Provident Fund Account shall be made before 31.07.2020 or retirement, whichever is earlier and is applicable Mutatis Mutandis to Provident Funds other than General Provident Fund also.

(viii) The enhanced rate of Dearness Allowance will also be applicable to Part-time and Part-time contingent employees on the basis of pay drawn by them
.
(ix) The Dearness Relief Payable to State Service Pensioners and Family Pensioners (Whose Pension /Family Pension has been revised as per G.O. (P) No.87/2011/Fin, dated 28.02.2011) will be enhanced from the existing rate of 86% to 92% with effect from 01.07.2015.

(x) The Dearness Relief Payable to State Service Pensioners and Family Pensioners whose pension/family Pension has not undergone revision as per G.O.(P) No.87/2011/Fin dated 28.02.2011, and also to the Pensioners/Family Pensioners coming under UGC/AICTE/Medical Education Schemes (who retired prior to 01.07.2004 and whose family pension has been revised as per G.O.(P) No.81/2007/Fin. Dated 28.02.2007 and whose pension has not undergone revision as per G.O.(P) No.211/2011/Fin dated 07/05/2011), will be enhanced from the existing rate of 214% to 225% with effect from 01.07.2015.

(xi) The Dearness Relief payable to retired state judicial Officers (Who are drawing Dearness Relief at central rates and whose pension or family pension has not been revised as per G.O. (Ms) No.236/10/Home dated 02.11.2010) and the Pensioners/Family Pensioners, coming under the category UGC/AICTE/Medical Education Schemes (Who retired after 01.07.2004 and whose pension/family pension has been revised as per G.O.(P) No.84/2007/Fin dated 01.03.2007 and has not undergone revision as per GO (P) No.211/2011/Fin dated 7/5/2011) will be enhanced from the existing rate of 223% to 234% w.e.f. 01.07.2015.

(xii) The Dearness Relief payable in respect of Ex-Chairman and Member of Kerala Public Service Commission, whose pension structure was modified as per G.O.(Ms) No.339/2013/GAD dated 30.11.2013 will be enhanced as follows w.e.f. 01.07.2015.

CategoryDate of termination of serviceRate of DR
Chairman and Members who were appointed from outside Government servicePrior to or after 01.01.200692%
Chairman and Members having prior service in Government and opted benefits of combined servicePrior to 01.01.200692%
Chairman and Members having prior service in Government and opted benefits of combined serviceOn or after 01.01.200692%

(Xii) (a) The Dearness Relief payable in respect of Ex-chairmen/other Members of Kerala Public Service Commission, whose pension has not undergone revision as per G.O.(Ms.) No.339/2013/GAD dated 30.11.2013, will be enhanced as follows with effect from 01.07.2015.

CategoryDate of termination of serviceRate of DR
Chairman and Members who were appointed from outside Government servicePrior to or after 01.01.2006225%
Chairman and Members having prior service in Government and opted benefits of combined servicePrior to 01.07.2004225%
Chairman and Members having prior service in Government and opted benefits of combined serviceOn or after 01.07.2004234%

(Xiii) The rate of Dearness Relief payable to the teaching staff coming under UGC/AICTE/Medical Education Streams who have changes over to revised UGC/AICTE scale from 1.1.2006 and those who retired after 1.1.2006 and that to the State Judicial Officers whose pension has been revised as per G.O. (Ms) No.236/2010/Home dated 02.11.2010, will be enhanced from the existing rate of 113% to 119% w.e.f 01.07.2015. This rate will be adopted only after the formal sanctioning of revision of their pension in terms of G.O.(P) No.211/2011/Fin dated 07.05.2011. The teaching staff coming under the UGC/AICTE/Medical Education Streams who have retired prior to 01.01.2006 and whose pension has been revised in terms of G.O.(P) No.211/2011/Fin dated 07.05.2011 will also be eligible for Dearness Relief at the above rate.

(Xiv) The Dearness Relief payable in respect of the state service Pensioners/Family Pensioners whose pension has not undergone revision as per G.O.(P) No.180/2006/Fin. dated 18.04.2006 and who are drawing Pension/family pension as per pension revision 1997, and in respect of Pensioners/Family Pensioners coming under UGC/AICTE/Medical Education Schemes whose pension has not undergone revision as per G.O.(P) No.81/2007/Fin, dated 28.02.2007 or G.O.(P) No.84/2007/Fin. Dated 1.3.2007 will be enhanced from the existing rate of 273% to 284% w.e.f. 01.07.2015. This will be applicable only till such date of effect of option for pension Revision 2004, after which the Dearness Relief payable will be as indicated in para 2(x) above and after the date of effect of option for pension Revision 2009, Dearness Relief will be payable as indicated in para 2 (ix) above.
  1. The enhanced rate of Dearness Relief due from 01.07.2015 will be paid along with the pension for December 2015 and arrears from July 2015 to November 2015 will be released in cash along with the pension for December 2015.
  2. The conditions laid down in the the G.O. read as 8th above shall be applicable while regulating Dearness Allowance/Dearness Relief under these orders.
(By Order of the Governor)
Dr.K.M.ABRAHAM
Additional Chief Secretary to Government (Finance).
Click here to download the Kerala DA/DR Order

Promotion of Government Servants exonerated after retirement – Procedure and Guidelines to be followed

Promotion of Government Servants exonerated after retirement – Procedure and Guidelines to be followed

No.22011/3/2013-Estt.(D)
Department of Personnel & Training
Establishment (D)
***
Dated: 23.11.2015

Subject:- Promotion of Govt. Servants exonerated after retirement – Procedure and Guidelines to be followed – Regarding.

The Department intends to issue instructions on the subject- “Promotion of Govt. Servants exonerated after retirement – Procedure and Guidelines to be followed”. Draft instructions proposed to be issued are enclosed. Ministries/Departments are requested to offer their comments/views, if any, in this regard latest by 22nd December, 2015 at the e-mail address dire1-dopt@nic.in
(S.K. Prasad)
Under Secretary

No.22011/3/2013-Estt (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi .
Dated: 23rd November, 2015
OFFICE MEMORANDUM
Subject:- Promotion of Govt. Servants exonerated after retirement — Procedure and Guidelines to be followed – Regarding.
The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum No. 22011/4/91-Estt(A) dated 14th September, 1992 regarding procedure and guidelines to be followed by DPC in respect of Government servants against whom disciplinary/court proceedings are pending or whose conduct is under investigation. In case the Government servant is covered under any of the three conditions as mentioned in Para 2 of OM dated 14.09.1992, the recommendations of the DPC are to be kept in ‘sealed cover’ and subsequent action regarding opening of sealed cover will depend on the outcome of the disciplinary/criminal proceedings.
2. If on conclusion of the disciplinary/ criminal proceedings, the Government servant is exonerated, the procedure prescribed in para 3 of the OM dated 14-9-1992 is to be followed. This provides as under:-
“On the conclusion of the disciplinary case/criminal prosecution which results in dropping of allegations against the Govt. servant, the sealed cover or covers shall be opened. In case the Government servant is completely exonerated the due date of his promotion will be determined with reference to the position assigned to him in the findings kept in the sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such position. The Government servant may be promoted, if necessary, by reverting the junior most officiating person. He may be promoted notionally with reference to the date of promotion of his junior. However, whether the officer concerned will be entitled to any arrears of pay for the period of notional promotion preceding the date of actual promotion, and if so to what extent, will be decided by the appointing authority by taking into consideration all the facts and circumstances of the disciplinary proceedings/criminal prosecution. Where the authority denies arrears of salary or part of it, it will record its reasons for doing so. It is not possible to anticipate and enumerate exhaustively all the circumstances under which such denials of arrears of salary or part of it may become necessary. However, there may be cases where the proceedings, whether disciplinary or criminal, are, for example delayed at the instance of the employee or the clearance in the disciplinary proceedings or acquittal in the criminal proceedings is with benefit of doubt or on account of non-availability of evidence due to the acts attributable to the employee etc. These are only some of the circumstances where such denial can be justified.”
3. The applicability of above provisions in so far as it relates to cases where the Government Servant, who has retired by the time he is exonerated of all the charges has been considered in respect of the following cases:
i. Where the promotion order pertaining to the relevant DPC has been issued and the officers empanelled have assumed charge prior to the date of superannuation of the retired Government Servant; and
ii. The retired Government Servant would have been in service and assumed charge of the post had the disciplinary proceeding not been initiated against him/her.
4. It has been decided in consultation with the Department of Expenditure, Department of Pensions & Pensioners’ Welfare and the Department of Legal Affairs that notional promotion and payment of arrears of pay, if any, for the period of notional promotion till the date of retirement, to such a retired Government servant if found fit on opening of the sealed cover is to be decided by the appointing authority in terms of Para 3 of OM No.22011/4/91-Estt.(A) dated 14/9/1992.
5. A retired Government employee who is considered for notional promotion from the date of promotion of his next junior after opening of the sealed cover would also be entitled to fixation of pension on the basis of such notional pay on his notional promotion.
6. The provisions contained in this Office Memorandum shall become operational from the date of issue of this Office Memorandum. Past cases settled in accordance with the earlier provisions shall not be reopened.

(G. Jayanthi)
Director(E-I)
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22011_3_2013-Estt.D-23112015.pdf]

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