Saturday, May 4, 2019

Frequently asked questions on Joint Consultative Machinery (JCM)

Frequently asked questions on Joint Consultative Machinery (JCM)

FREQUENTLY ASKED QUESTIONS (FAQ)

1. What is Joint Consultative Machinery?
The scheme of Joint Consultative Machinery is a platform for constructive dialogue between the representatives of the staff side and the official side for peaceful resolution of all disputes between the Government as employer and the employees. The scheme was introduced in 1966 with the objectives of promoting harmonious relations and securing the greatest measure of cooperation between the Central 1 Government as the employer and the employees in matters of common concern and with the object of further increasing the efficiency of the public service combined with the well being of those employed. The scheme is a non statutory one mutually agreed upon between the staff side and the official side.

2. What is the applicability of the JCM Scheme?
The scheme covers all regular civil employees of the Central Government, except:
(a)The Class -I services;
(b)The Class-II services, other than the Central Secretariat Services and the other comparable services in the headquarters organisation of the Government;
(c) Persons in industrial establishments employed mainly in managerial or administrative capacity, and those who being employed in supervisory capacity drawing salary going beyond grade pay of Rs.4200/- per month;
(d) Employees of the Union Territories; and
(e) Police personnel.

3. What is the structure of the Joint Councils under the JCM Scheme?
The scheme provides for setting up of Joint Councils at the National, Departmental and Regional / Office levels. The National Council, chaired by the Cabinet Secretary, is the apex body.

4. How are staff side members selected for various Joint Councils?
The representatives of the staff side for various Joint Councils are chosen / selected from members of the recognized service associations/ unions.

5. What is the time schedule for holding meetings of the National / Departmental Councils?
As per the JCM Scheme, ordinary meeting of the National Council/ Departmental Council may be held as often as necessary as but not less than once in four months.

6. How recognition is granted to the staff associations?
The Department of Personnel & Training being the nodal department for matters relating to Joint Consultative Machinery and Compulsory Arbitration, has notified Central Civil Services (Recognition of Associations) Rules, 1993 for the purpose of granting recognition to various service associations.Recognition is actually granted by the concerned Ministry/Department in accordance with the CCS (RSA) Rules, 1993.In case of any doubt or confusion, the matter is referred to the JCA Section of the Department of Personnel & Training for clarification/ advice.

7. What are the facilities available to recognised associations?
The recognized associations/ unions enjoy certain facilities like:
(a) Negotiations with the employer;
(b) Correspondence and meetings with the head of the administrative departments;
(c) Provision of accommodation for the associations subject to availability;
(d) Facility of special casual leave up to 20 days in a year to the office bearers of the associations.(e) Payment of T.A/ D.A for attending officially sponsored meetings; and
(f) Facility of seeking transfer of Chief Executive of the Union /association to the Headquarters of the appropriate head of administration.

8. What will happen if there is no agreement between thestaff and the official side?
If there is no agreement between the staff and the official side on an arbitrable issue, then the matter is to be referred to the Board of Arbitration if so desired by the staff side.

9. What are the issues on which arbitration is possible?
The arbitration is limited to the following issues:
(a) Pay and allowances;
(b)Weekly hours of work ; and
(c) Leave

10. Is the award given by the Board of Arbitration binding on the parties
The award given by the Board of Arbitration is binding on the Government as well as the staff side subject to the over riding authority of the Parliament. The award can be modified/rejected only with the approval of the Parliament through a formal resolution on grounds affecting national economy or social justice.

Rule 10 of Army Officers and Air Force Officers Pay Rules – MoD Orders

Rule 10 of Army Officers and Air Force Officers Pay Rules – MoD Orders

Rule 10 of Army Officers and Air Force Officers Pay Rules – MoD Orders
Date of next increment- Rule 10 of Army Officers and Air Force Officers Pay Rules, 2017; Regulation 10 of Navy Officers Pay Regulations, 2017; Rule 10 of Army, Air Force and Military Nursing Service Pay Rules, 2017; Regulation 10 of Navy Pay Regulations, 2017 and Rule 9 of the Non-Combatants (Enrolled) of Air Force Rules, 2017

No.PC-1(20)/2017-D(Pay/Services) Part-II
Government of India
Ministry of Defence

Sena Bhawarn, New Delhi
dated the 11th March, 2019

OFFICE MEMORANDUM

Subject: Date of next increment- Rule 10 of Army Officers and Air Force Officers Pay Rules, 2017; Regulation 10 of Navy Officers Pay Regulations, 2017; Rule 10 of Army, Air Force and Military Nursing Service Pay Rules, 2017; Regulation 10 of Navy Pay Regulations, 2017 and Rule 9 of the Non-Combatants (Enrolled) of Air Force Rules, 2017- regarding.

The undersigned is directed to invite attention to Rule 10 of Army Officers and Air Force Officers Pay Rules, 2017; Regulation 10 of Navy Officers Pay Regulations, 2017; Rule 10 of Army, Air Force and Military Nursing Service Pay Rules, 2017; Regulation 10 of Navy Pay Regulations, 2017 and Rule 9 of the Non-Combatants (Enrolled) of Air Force Rules, 2017 which provides, inter alia, that there shall be two dates for increment namely 1st January and 1st July of every year, instead of the provision of one date of increment on the 1st July during the 6th Pay Commission pay structure. The Rule/Regulation further provides that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of appointment, promotion or grant of financial upgradation. The Sub-Rule/Regulation (2) thereof provides that increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACP during the period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on 1st day of 4 January and the increment in respect Hof an employee appointed or promoted or granted financial upgradation including upgradation under MACP during the period between 2nd day of July and 1st day of January (both inclusive) shall be granted ork1st day of July.

2. The proviso to Sub-Rule/Regulation (2) of Rule 10 of Army Officers and Air Force Officers Pay Rules, 2017; Regulation 10 of Navy Officers Pay Regulations, 2017; Rule 10 of Army, Air Force and Military Nursing Service Pay Rules, 2017; Regulation 10 of Navy Pay Regulations, 2017 and Rule 9 of the Non-Combatants (Enrolled) of Air Force Rules, 2017, provides that the next increment after drawal of increment on 1st day of July 2016 shall accrue as on 1st day of July 2017.

3. During the regime of pay structure immediately prior to 01/01/2016, when the annual increment was admissible uniformly on 1st July every year; the increment was admissible on July, provided the condition of 6 months service was fulfilled. Thereafter, the next increment used to be given after a period of 12 months.

Accordingly, keeping in view the principle followed during the period before 1.1.2016 immediately prior to coming into force of the Army Officers and Air Force Officers Pay Rules, 2017; Navy Officers pay Regulations, 2017; Army, Air Force and Military Nursing Service pay Rules, 2017; Navy pay Regulations, 2017 and Non-Combatants (Enrolled) of Air Force Rules, 2017, which has been modified in the revised pay structure in ‘terms of Rule/Regulation 10 of the Army Officers and Air Force Officers Pay Rules, 2017; Navy Officers Pay Regulations, 2017; Army, Air Force and Military Nursing Service Pay Rules, 2017; Navy Pay Regulations, 2017 and Rule 9 of the Non- Combatants (Enrolled) of Air Force Rules, 2017 by way of 2 dates of increment on 1st January and 1st July, it is clarified that in case an employee is promoted or granted financial upgradation including upgradation under the MACP scheme on January or 1st July, where the pay is fixed in the Level applicable to the post on which promotion is made in accordance with the Rule/Regulation 12 of the Army Officers and Air Force Officers pay Rules, 2017; Navy Officers pay Regulations, 2017; Army, Air Force and Military Nursing Service pay Rules, 2017; Navy pay Regulations, 2017 and Rule 11 of the Non-Combatants (Enrolled) of Air Force Rules, 2017 the first increment in the Level applicable to the post on which promotion is made shall accrue on the following 1st July Or January, as the case may be, provided a period of 6th months qualifying service is strictly fulfilled. The next increment thereafter shall, however, accrue only after completion of one year.

5. This issues with the concurrence of Defence (Finance) vide its ID No.1(3)/2018/P-III/AG-291/PA dated 28.02.2019.

sd/-
(Arun Kumar)
Under Secretary to the Government of India

To,
1. The Chief of Army Staff
2. The Chief of Naval Staff
3.The Chief of Air Staff

Updated list of All India LTC fare under LTC 80 Scheme for May 2019

Updated list of All India LTC fare under LTC 80 Scheme for May 2019

Features of LTC Concession by Air India

Eligibility: Employees of the State and Central Governments/ Public sector undertaking travelling on leave. Employees of the Educational Institutions recognized by Central/ State Govt or affiliated to any University/ Educational board are also eligible.
Required Documents: Official ID card. Family members to carry the copy of the same.

Discount: Specified fare.

Travel: Any sector within India.

Ticket Validity: 1 Year from date of issue

Advance Purchase: Not required. Ticket can be purchased any time

Children: No discount applies.

Infant: (Under 2 years) 1st accompanying Infant – Rs.1000 per coupon, Plus applicable taxes. 2nd and more Infants, no discount permissible.

Date/Flight change, Cancellation & Refund: Permitted – Fee applies

In case the relevant ID / documents are not presented at the time of check in or at the boarding gate, the basic fare will be forfeited and the tickets will become non refundable (only taxes & levies will be refunded). Boarding will be denied if the identity proof is not provided at the time of check in and at the boarding gate.

Applicable Fares as on May 2019

LTC-80: Air India Domestic Fare for May 2019

Basic Fare Basic Fare


TABLE – III : LTC Fares
SECTOR & V.V HLTC (Economy Class) DLTC (Executive Class)
 Basic Fare Basic Fare 
Agartala Kolkata 8750 17880
Agra Delhi 8750 17880
Agra Khajuraho 8750 17880
Agra Varanasi 9500 19320
Ahmedabad Chennai 17500 35400
Ahmedabad Delhi 11050 22440
Ahmedabad Mumbai 8750 17880
Aizawl Imphal 8750 17880
Aizawl Kolkata 8750 17880
Amritsar Delhi 8750 17880
Amritsar Mumbai 17500 35400
Amritsar Nanded 17500 35400
Aurangabad Delhi 15050 30560
Aurangabad Mumbai 8250 21000
Bagdogra Delhi 15200 30600
Bagdogra Kolkata 8750 17880
Bengaluru Bhubaneshwar 15100 30600
Bengaluru Chennai 8750 17880
Bengaluru Delhi 19900 40200
Bengaluru Goa 9500 19320
Bengaluru Guwahati 19900 40200
Bengaluru Hubli 8750 17880
Bengaluru Hyderabad 8750 17880
Bengaluru Kolkata 17500 35400
Bengaluru Mumbai 11050 22440
Bengaluru Trivandrum 9500 19320
Bhopal Delhi 9500 19320
Bhopal Mumbai 12400 26960
Bhubaneshwar Delhi 15100 30600
Bhubaneshwar Hyderabad 11350 22440
Bhubaneshwar Kolkata 8750 17880
Bhubaneshwar Mumbai 17500 35400
Chandigarh Delhi 8750 17880
Chandigarh Leh 8750 17880
Chandigarh Mumbai 17500 35400
Chandigarh Pune 17500 35400
Chennai Coimbatore 8750 17880
Chennai Delhi 19900 40200
Chennai Goa 9700 19320
Chennai Hyderabad 9500 19320
Chennai Kochi 9500 19320
Chennai Kolkata 17500 35400
Chennai Madurai 8750 17880
Chennai Mumbai 15100 30600
Chennai Portblair 17500 35400
Chennai Trivandrum 9500 19320
Coimbatore Delhi 19900 40200
Coimbatore Mumbai 15100 30600
Delhi Gaya 11050 22440
Delhi Goa 17500 35400
Delhi Guwahati 17500 35400
Delhi Hyderabad 15100 30600
Delhi Imphal 19900 40200
Delhi Indore 9500 19320
Delhi Jaipur 8750 17880
Delhi Jammu 9500 19320
Delhi Jodhpur 8750 17880
Delhi Khajuraho 8750 17880
Delhi Kochi 19900 48240
Delhi Kolkata 17500 35400
Delhi Leh 11100 19320
Delhi Lucknow 8750 17880
Delhi Mumbai 15100 30600
Delhi Nagpur 11350 22440
Delhi Patna 11350 22440
Delhi Port Blair 28700 51600
Delhi Pune 15100 30600
Delhi Raipur 12050 22440
Delhi Rajkot 13300 22440
Delhi Ranchi 15100 30600
Delhi Srinagar 9600 19320
Delhi Surat 13300 22440
Delhi Tirupati 19900 40200
Delhi Trivandrum 20500 49680
Delhi Udaipur 9500 19320
Delhi Vadodra 11250 22440
Delhi Varanasi 9500 19320
Delhi Vijayawada 17500 35400
Delhi Vishakhapatnam 17500 35400
Dibrugarh Kolkata 11600 22440
Dimapur Kolkata 9500 19320
Gaya Kolkata 8750 17880
Gaya Varanasi 8750 17880
Goa Mumbai 8750 17880
Guwahati Imphal 8750 17880
Guwahati Kolkata 8750 17880
Hubli Mumbai 8750 17880
Hyderabad Kolkata 15150 30600
Hyderabad Mumbai 9500 19320
Hyderabad Tirupati 8750 17880
Hyderabad Vijayawada 8750 17880
Hyderabad Vishakhapatnam 9500 19320
Imphal Kolkata 9500 19320
Indore Mumbai 9500 19320
Jaipur Mumbai 12050 22440
Jammu Leh 10250 17880
Jammu Srinagar 8750 17880
Jamnagar Mumbai 8750 17880
Jodhpur Mumbai 13900 26960
Khajuraho Varanasi 8750 17880
Kochi Mumbai 15100 30600
Kochi Trivandrum 8750 17880
Kolkata Mumbai 19900 40200
Kolkata Port Blair 17500 35400
Kolkata Silchar 8750 17880
Kolkata Varanasi 9500 19320
Kozhikode Mumbai 13250 22440
Leh Srinagar 8800 17880
Lucknow Mumbai 15100 30600
Madurai Mumbai 15100 30600
Mangalore Mumbai 9500 19320
Mumbai Nagpur 9500 19320
Mumbai Pune 8100 17880
Mumbai Raipur 13650 22440
Mumbai Rajkot 12850 23240
Mumbai Trivandrum 15700 30600
Mumbai Udaipur 9500 19320
Mumbai Varanasi 15150 30600
Mumbai Vishakhapatnam 15100 30600
Port Blair Vishakhapatnam 15150 30600
Raipur Nagpur 8750 17880
Raipur Vishakhapatnam 8750 17880
Bengaluru Belgaum 8750 17880
Kolkata Jaipur 17500 35400
Bengaluru Ahmedabad 15150 30600
Hyderabad Guwahati 19900 40200
Bhubaneshwar Guwahati 11350 22440
Hyderabad DURGAPUR 13800 30600
Delhi Nanded 17500 35400
Chandigarh Nanded 17500 35400
Delhi ALLAHABAD 8750 19320
Ahmedabad ALLAHABAD 11050 22440
Kolkata ALLAHABAD 15050 30560
Delhi Kannur 18100 40200
Kannur Kozhikode 8100 17880
Delhi Kozhikode 18100 40200

Friday, May 3, 2019

MoD - Fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment (DNI)

MoD - Fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment (DNI)

Availability of option for fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in Context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy pay Regulations 2017 in respect of ICOs/ORs and equivalent

No.1(20)/2017/D(Pay/Services)
Ministry of Defence
D(Pay/Services)
Sena Bhawan, New Delhi
Dated 30th April, 2019
Subject: Availability of option for fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in Context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy pay Regulations 2017 in respect of ICOs/ORs and equivalent.

The undersigned is directed to refer to MOD OMs of even number dated 22.03.2018 and 26.02.2019 on the issue of availability of option for fixation of pay on promotion from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy Pay Regulations 2017 and to say that the aforesaid OMs dated 22.03.2018 and 26.02.2019 will be applicable in the cases of pay fixation on grant of MACP also in respect of ICOs/ORs and equivalent.

This issues with the concurrence of Defence (Finance) vide their I.D. No. dated 29.01.2019.

Yours faithfully
sd/-
(Arun Kumar)
Under Secretary to the Govt. of India

Nature of discipline and a punishment appropriate to the seriousness of the offense committed

Nature of discipline and a punishment appropriate to the seriousness of the offense committed

No.C-14016/09/2019-VP
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi- 110 001
Dated: 24.04.2019
To
All Chief Post Masters General

Subject: Nature of disciplinary action and quantum of punishment to be commensurate with the gravity of the offence committed- reg.

Madam / Sir,
It has been observed by the Competent Authority that in some of the Rule9 cases submitted to this office for Presidential Order the charge sheets under Rule-14 of CCS (CCA Rules, 1965 are issued to the officials in cases having low gravity of offence committed by the delinquent officials immediate before their retirement. These proceedings are deemed to be continued under Rule-9 of CCS (Pension) Rules, t972 after their retirement.

On examining such cases, the misconduct or negligence cannot be established grave enough which warrants imposition of penalty by way of withholding pension / gratuity or both in terms of Rule-9 of CCS (Pension) Rules, 1972. As such the proposal is dropped by the Competent Authority. This results in payment of interest on delayed payment of Gratuity to the official.

Instruction on the subject matter have already been circulated vide letter No 6/19/72Disc.1 dated 29.11.1972 (DG P&T order 2 below Rule’14 of CCS (CCA) Rules, 1965). It is, therefore, reiterated that in future while issuing charge sheet to the delinquent officials, the Disciplinary Authority should determine the with care and deliberation gravity of office and nature of action to be taken in each case on its merits.
Yours faithfully,
Shailendra Dashora)
DDG (VP, SR &Legal)

KVS - Extension of CGHS facilities to the retired employees of Kendriya Vidyalaya Sangathan

KVS – Extension of CGHS facilities to the retired employees of Kendriya Vidyalaya Sangathan

KENDRIYA VIDYALAY SANGATHAN
18 Industrial Area, Shaheed Jeet Singh Marg,
New Delhi – 110 016
The Deputy Commissioner/Director
Kendriya Vidyalaya Sangathan
All Regional Offices / ZIETs

Subject:- Guidelines to implement O.M. dated 13.03.2019 for extension of CGHS facilities to the retired employees of Kendriya Vidyalaya Sangathan – regarding.

Sir/Madam,
In continuation of KVS Office Memorandum of even no. dated 13.03.2019 vide which the approval of the Competent Authority of KVS for extension of CGHS facility to the retired employees of KVS who were having CGHS card while in service and residing in CGHS covered cities was conveyed. In this connection, the following guidelines may be kept in mind while processing the requests made for making of new CGHS card by the retired employees:-

A. A retired employee of KVS who was having CGHS card while in service and is residing in CGHS covered areas can opt for CGHS facility by submitting his / her application along with relevant documents and CGHS contribution to the concerned Pension Sanctioning Authority (PSA) which has released his / her pensionary benefits. As per 7th CPC, the revised monthly subscriptions, as decided by Ministry of Health & Family Welfare vide their O.M .No. 5.11011/11/2016-CGHS(P)/EHS dated 09.01.2017, to be made by employees/ pensioners for availing CGHS facilities are as under:-

S. No.Corresponding levels in the Pay Matrix as per 7th CPCContribution (Rs. Per month)
1Level: 1 to 5250
2Level: 6450
3Level: 7 to 11650
4Level: 12 & above1000

B. On receipt of application from the retired official, the concerned Pension Sanctioning Authority i.e. Regional Office (R.O)/ZIETs/ Kendriya Vidyalaya Sangathan (HQ) will verify the particulars filled in the application form and enclosed documents as required by CGHS Authority i.e. self-attested photocopy of the LPC, PPO, Aadhar Card, CGHS card while in service, employee contribution as per 7th CPC as applicable to the concerned employee in accordance to his / her pay level at the time of retirement. Thereafter, PSA will write a letter for discontinuation of payment of fixed medical allowance (FMA) to the Pension Disbursing Authority (PDA) i.e. State Bank of India, Parliament Street, New Delhi. The PSA will forward the application form along with Cheque / draft for the amount as per the CGHS rate applicable with reference to residential address of the official concerned to the Deputy Commissioner concerned of the Regional Office having jurisdiction over the CGHS city wherein the official is residing.

Illustration
A Deputy Commissioner or Assistant Commissioner or Administrative Officer is retired from Mumbai Region having CGHS card while in service & residing in Lucknow i.e. CGHS covered area. He / she will submit his / her application (along with his employee-contribution as per 7th CPC in favour of, KVS, HQ and documents stated in para B) to the PSA (KVS, HQ). The PSA will verify the application form and forwarded the same to KVS, RO Lucknow along with the Cheque/DD (amount as applicable for CGHS Centre at Lucknow). Since the Deputy Commissioner, KVS RO Lucknow is having jurisdiction over CGHS Centre at Lucknow the application form will be countersigned by the Deputy Commissioner, RO Lucknow and submitted to CGHS Centre at Lucknow along with Cheque/DD and other necessary documents for preparation of CGHS card. The Deputy Commissioner RO Lucknow will also maintain a register depicting the name of the employee and family members, CGHS card no., validity of the card and the details of the pension sanction authority along with particular of Kendriya Vidyalaya or Regional office from where the official is retired. Further, Deputy Commissioner, KVS RO Lucknow, will also keep a copy of CGHS card (Index Card) issued by CGHS. All medical claims in respect of the Deputy Commissioner/ Assistant Commissioner/ Administrative Officer retired from Mumbai, will be reimbursed by Regional Office Lucknow.
C. The concerned Deputy Commissioner will forward the application to the CGHS center, along with all necessary documents including Cheque or Demand Draft after countersigning the application form, for issue of CGHS card. If the retired official is residing in the city having CGHS Centre which falls under the jurisdiction of Pension Sanctioning Authority, then the Pension Sanctioning Authority will forward the application to the concerned CGHS Centre. The Deputy Commissioner concerned will countersign the form and send it to the CGHS authority for preparation of CGHS card under intimation to the retired official as well as the Pension Sanctioning Authority.

D. The Deputy Commissioner of the RO, who has forwarded the application form to the CGHS Centre for issue of card, will maintainthe proper records and make necessary entries in CGHS card issuing register which will carry the details of Name of the employee and family members, CGHS card, validity of the card and the details of the Pension Sanctioning Authority along with particulars of Kendriya Vidyalaya/Regional Office/ZIETs from where the official retired.

E. Existing Rates of CGHS yearly contributions payable by KVS, as circulated by Directorate General of Health Services (DGHS), Nirman Bhawan, New delhi vide their Circular No. Z.22025/4/2007-CGHS (Stats. Cell) dated 02.03.2010 are given below. The concerned PSA will calculate KVS share by deducting the employee contribution as mentioned in para ‘A’ from yearly contribution as indicated below. The PSA will then forward the total amount (KVS share & employee contribution) to the respective Deputy Commissioner where the retired official is residing.

(Figures in Rs.)
S. No.CityTotal cost per card 2009- 10*
1Ahmedabad8667
2Allahabad 6292
3Bengaluru5736
4Bhopal3060
5Bhubaneswar8943
6Chandigarh11449
7Chennai5236
8Dehradun8947
9Guwahati4296
10Hyderabad6097
11Jabalpur2925
12Jaipur18464
13Kanpur8447
14Kolkata5397
15Lucknow6033
16Meerut14535
17Mumbai7372
18Nagpur8046
19Patna7765
20Pune3593
21Ranchi7068
22Shillong5553
23Thiruvanthapuram6762
24Delhi15368

*(These rates have not been revised after 2009-10 by DGHS, Nirman Bhawan, New Delhi)
F. Medical claims, if any, will be reimbursed by the Kendriya Vidyalaya/ Regional Office/ ZIETs where the official is residing. The copy of CGHS card (Index Card) issued by CGHS has to be kept for record.

Yours faithfully,
sd/-
(Dr. Shachi Kant)
Joint Commissioner (Pers.)

Thursday, May 2, 2019

Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) to ASPs on a non-functional basis upon completion of four years of service in GP Rs. 4800 (Level 8 in Pay Matrix)

Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) on completion of four years of service in the GP Rs. 4800 (Level 8 in Pay Matrix) to ASPs on non functional basis. 

No. 4-1/2019-PCC
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg
New Delhi - 110001
Date : 22.04.2019
To
Shri Arup Kumar Seal,
General Secretary,
All India Association of Inspectors and Asstt. Supdt. Posts,
Qtr. No. 12, P&T Colony, Khurshid Square,
Civil Lines, Delhi -110054.

Sub : Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) on completion of four years of service in the GP Rs. 4800 (Level 8 in Pay Matrix) to ASPs on non functional basis.
 
Sir,
I am directed to refer to your letter No.SG/AIAIASP/03/2018 on the above mentioned subject and to inform that the issue of granting NFSG in pre­ revised GP Rs. 5400/- in PB-2 corresponding to Level 9 to Asstt. Superintendent Posts on completion of four years of service in the pre-revised GP Rs. 4800/- (Level 8 in Pay Matrix) has been examined with following observations:-

i. The NFSG Scale is given to AAOs in P&T Accounts vide MoF OM No. 25-2/2017- IC/E.III (A) dated 18.06.2018 as per recommendations of 7th CPC in Para 11.12.140 of the report whereas there is no such recommendation for ASP cadre. Moreover, AAOs in P&T Accounts are having all India Transfer Liability and on contrast, the ASP is a Circle level cadre. Further, ASPs are enjoying Rule 38 transfer from one Circle to other whereas there is no such provision for AAOs. As such, the plea for granting NSFG to ASP cadre in line of AAO cadre as mentioned in the representation is not tenable.

ii. There is different time span in promoting IPs to ASPs in Circles as ASP is a Circle level cadre. In some Circles IPs get promotion in ASPs cadre immediately after completion of minimum qualifying years of service in IP cadre viz 3 years (now 5 years) whereas in some Circles IPs are waiting their hierarchical promotion in ASP cadre even after regular service of 10-13 years in the cadre. The NSFG Scale would not only make a huge disparity in pay among ASPs who are originally entered in IP cadre on the basis of same examination and are borne on the same IP gradation list.

Therefore, the proposal to grant NSFG to Asstt. Superintendent Posts on completion of four years of service cannot be recommended.
Yours sincerely,
sd/-
(SB Vyavahare)
Asstt.Director General (GDS/PCC)
Source: NFPE
Pay Matrix-asp-grade-pay-as-per-7th-cpc-deptt-of-posts-order

DoPT: Framing of the Recruitment Rules for the post of Physiotherapist in the Lal Bahadhur Shastri National Academy of Administration, Mussoorie

DoPT: Framing of the Recruitment Rules for the post of Physiotherapist in the Lal Bahadhur Shastri National Academy of Administration, Mussoorie
 
No. T-21011/2/2019-Acad Desk
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Training Division
Old JNU Campus, Block IV,
New Mehrauli Road, New Delhi-110067
02 May, 2019
Office Memorandum

Subject: Framing of the Recruitment Rules for the post of Physiotherapist in the Lal Bahadhur Shastri National Academy of Administration, Mussoorie - Regarding. 

The undersigned is directed to upload the draft recruitment rules for the post of Physiotherapist in the La! Bahadhur Shastri National Academy of Administration, Mussoorie and to request for comments, if any, from all the stakeholders on the draft RRs. The comments may kindly be on e-mail id: 'meena.shiv@nic.in' latest by 02.06.20 19.

End: As above.
(Anita Bilung)
Under Secretary to the Government of India
Telephone: 011-26166856
To
All concerned Stakeholders

Copy to: NIC, Training Division with the request to upload the above OM alongwith draft RRs for the post of Physiotherapist in LBSNAA, Mussoorie.

[To be published in the Gazette of India, Part II, Section 3, Sub-section (i)]

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Training Division

Notification
New Delhi, the 2019
G.S.R… - In exercise of the powers conferred by the proviso to article 309 of the Constitution the President hereby makes the following rules regulating the method of recruitment to the post of Physiotherapist (Group B) in the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Lal Bahadur Shastri National Academy of Administration, Mussoorie , namely:-

Short title and commencement- (1) These rules may be called the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Lal Bahadur Shastri National Academy of Administration, Mussoorie Physiotherapist, Group B post, Recruitment Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.
  1. Number of post, classification and level in pay matrix.- The number of the post, its classification and level in pay matrix attached thereto shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.
  2. Method of recruitment, age-limit, qualifications, etc.- The method of recruitment, agelimit, qualifications and other matters relating thereto shall be as specified in columns (5) to (13) of the said Schedule.
  3. Disqualifications.- No person,-
  • who has entered into or contracted a marriage with a person having a spouse living, or
  • who having a spouse living, has entered into or contracted a marriage with any person,
shall be eligible for appointment to the said post:
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

Power to relax. - Where the Central Government is of the opinion that it is necessary or expedient so to do, for reasons to be recorded in writing, and in consultation with Union Public Service Commission, relax any of the provisions of these rules with respect to any class or category of persons.

Saving.- Nothing in these rules shall affect reservation, relaxation of age-limit, and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, the exServicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

Check the Schedule here

Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment

Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment
F.No.500/33/2017-FTD.I
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
(Foreign Tax and Tax Research-I)

New Delhi, dated the 18th April, 2019

Subject: Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment-reg.

Taxation of non-residents in India is governed by the provisions of the Income-tax Act, 1961 (“the Act”) and the provisions of the Double Taxation Avoidance Agreement(s) [DTAA(s)] concluded or adopted by the central government under the 'X' wers conferred under Section 90 or 90A of the Act, respectively. Under the Act, the income tax is charged for the assessment year in respect of the total income of the previous year of every-person. In respect of a who is a non-resident, the total income includes all income from whatever source derived which is received or deemed to be received or accrues or arises or deemed to accrue or arise in India. The incomes that shall be deemed to accrue or arise in India are specified in Section 9 of the Act which. inter alia, provides that all income accruing or arising whether directly or indirectly, through or from any business connection in India shall be deemed to accrue or arise in India. However, in cases where a DTAA is also applicable, taxes on business income of a non-resident can be levied to the extent the same is permissible under such agreement. Thus, business income of a non- resident can be taxed in India if it satisfies the requisite thresholds provided under the Act as well as the threshold provided in the applicable tax treaty, by a concept of Permanent Establishment (PE). which is defined in Article 5 of Model Tax Conventions and tax treaties.

Under Article 7 in the Indian treaties, profits are to attributed to the PE as if it were a distinct and separate entity on the basis of the accounts of the PE and where such accounts are not available to enable determination of profits attributable to the PE, the profits attributable to the PE can be determined under the domestic laws. For the application of this method, the Assessing Officer in India can resort to Rule 10 of Income- tax Rules, 1962.

Recognizing the significance of issues relating to attribution of profits to a permanent establishment as well as the need to bring greater clarity and predictability in the applicable tax regime, a Committee was formed to examine the existing scheme of profit attribution to PE under Article 7 of DTAAs and recommend changes in Rule 10 of the Income-tax Rules. The Committee has submitted its report (enclosed herewith) and it has been decided to seek stakeholder’s comments on the Report of the committee.

In this regard, suggestions/comments of the stakeholders and the general public are invited on the following question:

a. What are your views on the recommendations of the Committee as contained in Section 11 of the Report? In answering this question please consider the objectives and policy rationale behind the change which have been elaborated in detail in the Report.

Comments and suggestions may sent electronically (in word format) at usfttr-1@gov.in within 30 days of the publication of this the email address document on website of the Income Tax Department

(www.incometaxindia.gov.in).
(Deepak Kapoor)
Under Secretary
Foreign Tax & Tax Research Division
Central Board of Direct Taxes

Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees

Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees. Dealing with the Pending/ Under Consideration Cases.
Government of Haryana
Finance Department
No.6/ 183/2018-4PR (FD),
From
The Additional Chief Secretary to Government Haryana Finance Department.
To
  1. All of the Administrative Secretaries in Haryana Stale.
  2. All of the Heads or Departments in Haryana State.
  3. All or the Divisional Commissioners in Haryana State.
  4. All of the Deputy Commissioners in Haryana State
  5. All of the SDOs (Civil) in Haryana State.
Date Chandigarh the, 03.04.2019

Subject: Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees. Dealing with the Pending/ Under Consideration Cases.

Sir,
have been directed to refer to the subject cited above and to state that the Hon’bIe Madras High Court vide its judgment dated 15.9.2017 in CWP No. 15732 of 2017-P. Ayyamperumal Vs. Union of India had allowed an Annual Increment on notional basis for the purpose Of pensionary benefits to the petitioner on I .7.2013 who had otherwise retired on 30.52013. The rationale of the judgment was that the Increment has to be granted On completion On full year or service and s:nce the employee concerned had retired on 30.69013 after the fun length of service of one year from 1 .7.2012 to 30.6.2013 he was allowed the Annual Increment as on 1.7.2013 on notional basis for the oi pensionary benefit*. This judgment was later on upheld in the Hon’ble Supreme Court in SLP No. 22283 of 2018- Union of India Vs. p. Ayyamperumal, decided on 23.7.2018.

A number of cases on the same lines are being received comprising administrative proposals, judgments from the Hon’ble Punjab & Haryana High Court delivered in terms of judgment of Hon’ble Supreme Court ibid. Further, a number of CWPs, Representations from retired Employees and certain Legal Notices have also been received and have pouring in regularly relying upon the judgment Of Hon’ble Supreme Court ibid.

In view Of the above the matter was considered meticulously weighing all possible pros and cones and since the judgment or Hon’ble Supreme Court ibid has been delivered a case where Central Govt was party, the Central Govt. has, therefore, been requested vide this Department Ietter dated 28.3.9019 to apprise or the latest position in this respect to the Haryana Govt. so that appropriate policy decision may be taken accordingly. This request has been sent to Central Govt. since the remedy Of Review

Application and Curative Petition still subsists with it end it would be in the fitness of things that a decision by the Haryana Govt. may be taken Only after ascertainment of final decision from the Govt. of india. A copy of request dated 28.3.201' sent to Central Govt. is attached herein.
In view of the above it is requested that all of the pending cases i.e. CWPs/Court Cases, Representations, Legal Notices on the instant subject may be dealt with/disposed of accordingly. In the decided cases where in a direction has been issued by the Hon’ble High Court/ I-d. Courts to decide the Representations/ Legal Notices of the petitioners LEC Petitioners/ Counsel of Petitioners may be informed accordingly. Likewise, adjournment may he requested in the cases Where Reply is to be fled. ‘The under consideration Representations/ Legal Notices may also be disposed Of in the same terms informing the factual position to the Employees (Counsels concerned. The next line of action be informed in due course.
sd/-
Chief Accounts Officer (PR)
for Additional Chief Secretary to Government Haryana
Finance Department

Endst . No. 6/ 183/2018-4PR(FD)

A copy is forwarded to the Accountant General Haryana, (A&E) and (Audit), Chandigarh for information.

Chief Accounts Officer (PR)
for Additional Chief Secretary to Government Haryana,
Finance Department
“CONSERVE WATER – SAVE LIFE”
Government of Haryana
Finance Department
No. 6/ 183/2018-4PR (FD)
To
The Secretary to the Govt. of India
Ministry of personnel, Public Grievance and Pensions
Department of Pension
New Delhi
Date 28th March, 2018

Subject:- Grant of Notional Increment on completion of 12 Months of Service on July of Calendar year (After Retirement) for the purpose of pension to Govt. employees.

Respected Sir,
I am directed to refer to the subject cited above and to state that The Haryana Govt. has broadly followed the pattern Oi Central Govt. in Pay and Pension Structure while its Pay pension Rules pursuant. To recommendations of Central Pay Commissions. the Pay Rule of 2006 there was a uniform date or grant or Annual Increment being of July of eve-or calendar month Whereas in the 2015 Rules there are two dazes being Of January and of July depending upon the circumstances. The minimum length of service Lo earn the Annual Increment is uniform In of the Rules i.e. six months of qualifying service.

Some of the retired Officers/ Employees brought to the notice of this Department a judgment dated 25-9.2017 (Copy Attached) of DB Of Hon’ble Madras High Court delivered in CWP No. 15732 of 2017- P. Ayyamperumal Vs. Union India wherein the Hon tile Madras High Court has allowed the benefit of Annual increment, on notional basis to the petitioner who retired on 30.6.2013 for Pensionary benefits only for the period of I. 7.2012 to 30-62013 though the Increment [ell due on The Operative part of the judgment ibid is reproduced herein below for your ready reference;-

The petitioner herein had completed one full year service as on 30.6.2013, but the increment feu due on 1.7.2013, on which date he was not in service. In view of the above judgment of this Court, naturally he has to be treated as having completed one year of service though the date of increment fans on the next day of his Applying the said judgment to the present case, the writ petition Es allowed and the impugned order passed by the first respondent-Tribunal dated 21.3.2017 is quashed. The petitioner shall be given one notional increment for the period from 7.7.2012to 30.6.2013, as he has completed one fun year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No Costs.

This judgment was later on upheld by the Hon’ble Supreme Court Of India vide its judgment dated 23.7.2018 (Copy Attached) in SLP NO. 22283 Of 2018 and the inference comes out is that this issue has attained finality until and unless it has been challenged further by the Govt. of India by means Review Application/ Curative Petition, if any.

In view of the legal position as above, the Hon’ble Punjab & Haryana High Court has disposed of number of cases is The same terms against the State of Haryana wherein the retired employees of the Haryana Govt. had demanded similar benefit being affinity Of Rules. Besides, a. number of CWPs/Court Cases are also sub judice in the Hon’ble High Court and the Haryana Govt is not able to file proper reply therein in view of the judgment Of Hon’ble Supreme Court ibid. Further, number Of Legal Notices arc also pending and lot more arc also In on regular intervals from the relired employees demanding same benefits and a warning of filing of Court Case in the cage Of denial thereof is also being conveyed

As such: it is kindly requested that the factual position may Se clarified conspicuously as per points mentioned below;

1.As to whether the Govt. of India has further challenged the Aforesaid judgment in SLP by way of RA/Curative Petition and if yes the detail thereof may please be conveyed.
2.If the action to challenge has not been materialized then as to whether it is under consideration.
3.As to whether the same has been implemented and if yes, the copy of relevant Rule/ Instruction/ Order may please be provided
4.It may please be clarified, in case this judgment has been implemented as to whether the Increment is countable for Pension purpose exclusively or for other retiral benefit i.e. Communication of Pension, DQÜ and Leave Encashment etc.
5.Though the judgment ibid has been delivered keeping in view the Pay Rules 2006 wherein only single date of Annual Increment i.e. 1st July of every calendar year was provided whereas With the commencement or 2016 Rules [here have been provided two dates of Increments i.e. 1st of January and 1st July. It may, therefore, please he clarified RS to whether it would also apply to Govt. employees retiring after 01.01-2016.
6.As to whether the Govt- of India has accordingly amended or contemplating to amend its Pay and Pension Rules (please clarify conspicuously) to make them compatibIe in view of the factual position as such.

The aforesaid information/ documents may please be provided at the earliest so that the Haryana Govt. may take appropriate decision in all the pending cases accordingly and no awkward position is faced in the Hon’ble High Court/other Ld. Courts.

If this issue does not relate to this Department/ Division then this communication may please refereed transferred to the Department/ Division concerned under intimation to this Department so as to enable it to follow-up the same accordingly With the authority concerned.

Thanking You
DA/ As above
Yours Faithfully,
Chief Accounts Officer
for Additional Chief Secretary to Govt_ Haryana
Finance Department
(Haryana Civil Secretariat, Chandigarh)

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