Workers eligible for interest on gratuity, rules Madurai Bench of HC
An employee becomes eligible for gratuity on the termination of his employment after he has rendered continuous service for not less than five years, according to Section 4(1) of the Payment of Gratuity Act, 1972.
He is also entitled for interest on the gratuity in terms of Section 7(3) and 7(3A). Making these clear, the Madurai Bench of the Madras High Court directed the Arumuganeri Salt Workers Co-operative Production and Sale Society Ltd, Thoothukkudi district, to pay the amount to its worker, Mr A. Rajan, within 30 days from date of receipt of a copy of this order without further driving him to any other forum.
Mr Justice K. Chandru, hearing a writ petition from the Society challenging the order dated January 27, 2009 of the Appellate Authority under the Act, Madurai (R-2), directing it to make interest payment if gratuity was not paid within 30 days from the date of his order, noted that from the beginning, it was the stand of the petitioner Society that R-1 (Mr A. Rajan) was not eligible for gratuity. If Sections 7(3) and 7(3A) were read together, then there was no difficulty in understanding the eligibility for receiving interest. In the present case, the Appellate Authority had correctly construed the legal provisions and there was no case made out to interfere with the interpretation placed by the Authority.
The petitioner contended that payment of interest would arise only when there was delayed payment, and in this case, there was no delay since they had paid gratuity as ordered by R-2, and hence the question of payment of interest would not arise. This Court was unable to accept the said statement, since the entire controversy was with regard to the legal provision.
Reading Section 4(1) of the Act it would be clear that the date relevant for determination of interest was the date on which gratuity became payable, which in the present case was when R-1 resigned his job on 1-6-2003. When R-1 issued notice for payment of gratuity, petitioner employer did not honour the notice. On the contrary, it was only when R-1 instituted a claim before the Controlling Authority, the petitioner contended about the irregular nature of his employment and his alleged disqualification from receiving gratuity.
In the light of these, the writ petition stood dismissed, the Judge held.
Source: The Hindu
Sunday, October 31, 2010
Workers eligible for interest on gratuity, rules Madurai Bench of HC
Saturday, October 30, 2010
Timely confirmation in various Central Civil Services- issue of guidelines - DOPT Order
No.1801/1/12010-Estt. (C)
Government of India
Ministry of Personnel. Public Grievances & Pensions
(Department of Personnel & Training)
*************
New Delhi 110001
Dated: August 30,2010
OFFICE MEMORANDUM
SUBJECT: Timely confirmation in various Central Civil Services- issue of guidelines.
The undersigned is directed to say that the Supreme Court in its judgement on 8.7.2010 in civil appeal No.596 of 2007 (appeal of Khazia Mohameed Muzammil v/s State of Karnataka & Anr.) examined the contention of automatic/deemed confirmation after the expiry of the probation period. After examining the various judgements, the Apex Court were of the considered opinion as to what view has to be taken would depend upon the facts of a given case and the relevant ruler in force.
2. In para 22 of the judgement, the Apex Court observed as follows:-
"Before we part with this file, it is required of this Court to notice and declare that the concerned authorities have failed to act expeditiously and in accordance with the spirit of the relevant rules. Rule 5(2)of 1977 Rules has used the expression 'as soon as possible' which clearly shows the intent of the rule framers explicitly implying urgency and in any case applicability of the concept of reasonable time which would help in minimizing the litigation arising from such similar cases. May be, strictly speaking, this may not be true in the case of the appellant but generally every step should be taken which would avoid bias or arbitrariness in administrative matters. no matter, which is the authority concerned including the High Court itself. Long back in the case of Shiv Kumar Sharma v/s Haryana State Electricity Board(1988) Supp. SCC 669] this Court had the occasion to notice that due to delay in recording satisfactory completion of probation period where juniors were promoted, the action of the authority was arbitrary and it resulted in infliction of even double punishment. The Court held as under:
'While there is some necessity for appointing a person in government service on probation for a particular period, there may not be any need for confirmation of that officer after the completion of the probation period. If during the period a government servant is found to be unsuitable, his services may be terminated. On the other hand. if he is found to be suitable, he would be allowed to continue in service. The archaic rule of confirmation, still in force, gives a scope to the executive authorities to act arbitrarily or malafide giving rise to unnecessary litigations. It is high time that the Government and other authorities should think over the matter and relieve the government servants of becoming victims of arbitrary actions.'
We reiterate this principle with respect and approval and hope that all the authorities concerned should take care that timely actions are taken in comity to the Rules governing the service and every attempt is made to avoid prejudicial results against the employee/probationer. It is expected of the Courts to pass orders which would help in minimizing the litigation arising from such similar cases. Timely action by the authority concerned would ensure implementation of rule of fair play on the one hand and serve greater ends of justice on the other. It would also boost the element of greater understanding and improving the employer employee relationship in all branches of the States and its instrumentalities."
3. In this Ministry's O.M.No.I8011/186-Estt(D) dated 28.3.1988 (copy enclosed), instructions have already been issued to the effect that confirmation will be made only once in service in the entry grade, but for some exceptions specified therein. Instructions on timely action to confirm or extend the probation have also been issued vide O.M. No.18011/2/98-Estt.(C) dated 28.8.1998. Seniority has also been delinked from confirmation in the O.M.No.20011/5/90-Estt.(D) dated 4.11.92.
4. The above directions of the Apex Court are brought to the notice of all Ministries/Departments for ensuring compliance of the above instructions.
s/d
(Mamta Kundra)
Joint Secretary to the Govt. of India
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Friday, October 29, 2010
Merger and upgradation of the posts of LDC and UDC and granting of Rs. 2800/ grade pay - Demanded by AIAMS(Group C)
All India Association of Ministerial Staff (Group C) demands three important issues are
1. Merger and upgradation of the posts of LDC and UDC and granting of Rs. 2800/ grade pay
2. Merger of the Posts of Office Superintendent & AO and granting of Rs. 4800 grade pay
3.Upgradation of the grade pay of Assistant to Rs. 4600/.
We reproduce and given below for your information the full content of post published in the website of AIAMSHQ...
Giving membership to the ‘Group C’ Staff & submission of individual Consents-Regarding. Bhopal, Dated: 11/10/10 Dear members, As has already informed that letters (regarding the recognition status of the Association and membership to the Assistants), sent to the Regions by the FOD are not based on the facts. Our Association is still recognized one. Further, our request for the inclusion of the Assistant as members of the Association is under consideration of the Ministry. You are aware that all Ministries except Ministry of Statistics of the Government had accepted all Non-Gazetted Staff in their Department as members of the Association working under JCM Scheme. Income Tax Inspectors with 4600/ grade pay are members of the Association recognized under JCM Scheme. Thus denial of membership for the Assistants with 4200 grade pay is not justified. Meanwhile, the Association of the erstwhile group D in the name of All India Association Group C Staff (not recognized so far) has been trying to fetch Ministerial Staff to their fold. Despite of all efforts they have no succeeded in their mission so far. This is due to the reason that the Ministerial Staff know our Association through relentless struggles achieved several things for the betterment of the service conditions, promotion etc of the Ministerial Staff so far. In the year 1993 when our Association is formed Ministerial Staff were retiring on the post of UDC. Now the situation is improved. Retirement of every Ministerial Staff on 5400/ grade pay is our aim and we work accordingly. At present we are at work with three important issues. (1) Merger of the Posts of Office Superintendent & AO and granting of Rs. 4800 grade pay. (2) Upgradation of the grade pay of Assistant to Rs. 4600/. (3) Merger and upgradation of the posts of LDC and UDC and granting of Rs. 2800/ grade pay. You have already seen the efforts made by us to achieve the aforesaid demands so far from our letters etc. All the correspondence made in this respect can be seen in our web site. Since the erstwhile group D has been brought under group C folder by the CPC, there is a chance to accept our demand for a single Association for all Non Gazetted cadres by the Ministry. Thus we want to bring all erstwhile group D staff (now group C) to our fold to strengthwen the Association & keeping it in the first position. Further, from our past experience, I am sure that we can handle the issues of the group C (erstwhile group D) effectively so that they may get a better service condition and promotion channel in the days to come. Thus all unit Secretaries/members of the Association are requested to please obtain the individual consents of the Group C staff in annexure B and forward the same, duly certified by the Unit Secretary, to the HO immediately. A copy of the Individual Consents alongwith Annexure A may please be forwarded to this Association Hqrs. Since I am on long leave following an accident, the letters may please be sent in my Residential Address i.e. 74/11, Govind Apartment, Govind Garden, Govindpura, Bhopal-462023. This may be treated as most urgent. With warm regards Yours Sincerely (TKR Pillai) General Secretary |
Courtesy : All India Association of Ministerial Staff (Group C)
All India Consumer Price Index Numbers for Industrial Workers on Base 2001=100 for the Month of September, 2010
All India Consumer Price Index Numbers for Industrial Workers on Base 2001=100 for the Month of September, 2010
All India Consumer Price Index Number for Industrial Workers (CPI-IW) on base 2001=100 for the month of September, 2010 increased by 1 point and stood at 179 (one hundred and seventynine).
During September, 2010, the index recorded an increase of 6 points each in Darjeeling, Durgapur and Jalpaiguri centres, 5 points each in Siliguri and Delhi centres, 4 points each in Angul Talcher, Rajkot and Belgaum centres, 3 points in 12 centres, 2 points in 13 centres and 1 point in 24 centres. The index decreased by 3 points in Bhopal centre, 2 points in 4 centres and 1 point in 4 centres, while in the remaining 12 centres the index remained stationary.
The maximum increase of 6 points in Darjeeling, Durgapur and Jalpaiguri centres is mainly on account of increase in the prices of Rice, Wheat Atta, Vegetable items, Electricity Charges, etc. The increase of 5 points in Siliguri and Delhi centres is due to increase in the prices of Rice, Wheat, Wheat Atta, Onion, Vegetable items, etc. The increase of 4 points in Angul Talcher, Rajkot and Belgaum centres is due to increase in the prices of Rice, Wheat, Goat Meat, Onion, Vegetable items, Tea (Readymade), etc. However, the decrease of 3 points in Bhopal centre is due to decrease in the prices of Rice, Wheat, Goat Meat, Arhar Dal, Vegetable items, etc.
The indices in respect of the six major centres are as follows:
1. Ahmedabad – 176
2. Bangalore – 185
3. Chennai – 162
4. Delhi – 169
5. Kolkata – 176
6. Mumbai – 178
The point to point rate of inflation for the month of September, 2010 is 9.82% as compared to 9.88% in August, 2010.
Source: Labour Bureau
Thursday, October 28, 2010
RTI Logo & Portal Launched
RTI Logo & Portal Launched
The Minister of State for Personnel, Public Grievances and Pensions Shri Prithviraj Chavan launched the Logo on RTI and the RTI portal today in the presence of Shri. A N. Tiwari, Chief Information Commission and Shri. Shantanu Consul, Secretary, DoPT.
It is a simple and iconic logo depicting a sheet of paper with information on it, and the public authority – providing the information. This represents people’s empowerment through transfer and accountability in Governance. The logo’s shape and structure make it easy to remember, recall and replicate with minimal distortion.
In the last five years the RTI regime has heralded a regime of transparency and accountability and strengthened the democratic structure of the country. Success stories of citizens using the RTI Act abound. The Act has achieved great success in empowering the citizens of India. However it was felt that the core values of the RTI regime – Empowerment, Transparency and Accountability- need to be given a shape in the form of a logo. The logo would be displayed at all public authorities and will be used in various communications related to RTI.
The Right to Information Portal – A Gateway on RTI – was also formally launched on this occasion. The portal is one stop knowledge bank for information seekers, information providers, trainers, Information Commissions, students and academicians. It provides for a digital library, discussion fora, e- newsletter and a blog. Latest judgments of the High Courts and Information Commissions; reports, articles, guides, manuals, handbooks for various stakeholders; online certificate course are also available on this portal. There is facility for stakeholders to interact through dedicated and open discussion forum and register as resource persons. The web URL for the Portal is www.rtigateway.org.in.
Click here to see Logo
Source: PIB
Fixed Medical Allowance (FMA) from Rs.600/- p.m. to Rs.1200/- p.m. for serving and retired employees of the EPFO - reg.
EMPLOYEES' PROVIDENT FUND ORGANISATION
MINISTRY OF LABOUR & EMPLOYMENT, GOVT.OF INDIA
HEAD QUARTERS
Bhavishya Nidhi Bhawan
14-BHIKAJI CAMA PLACE, NEW DELHI - 110066
www.efpindia.gov.in : www.epfindia.nic.in
File No. HRM-V/12(1)2003/FMA/Vol-II
Dated: 11 Jan 2010
To
All Addl. Central P.F. Commissioners (Zones)
Director NATRSS
All Regional P.F. Commissioner (I) In-Charge of the Regions,
All Officers in-Charge(ZTIs)
RPFC(ASD) Head Office
RPFC(NDC)
Subject: Enhancement in the rate of Fixed Medical Allowance, payable to the serving as well as retired employees of the EPFO for outdoor medical treatment - regarding.
Sir,
I am directed to convey the approval of the 67th Executive Committee, held on 4.12.2009, CBT EPF for enhancement of the Fixed Medical Allowance (FMA) from Rs.600/- p.m. (Rupees Six hundred only) to Rs.1200/- p.m.(Rupees one thousand two hundred only). This enhancement will be effective from 1st January, 2009 and subject to the following conditions.
(i) The enhancement of fixed medical allowance will be available to serving employees and pensioners (including family pensioners) of the Employees Provident Fund Organization. The serving employees of the Organization who are in the Head Office at New Delhi and Regional/Sub Regional Office at Delhi and at stations which are covered by the Central Government Health Scheme will not be eligible for Fixed Medical Allowance. AS soon as any employees is covered by Central Government Health Scheme, the fixed medical allowance admissible to him/her shall be stopped.
(ii) If two or more members of family are working in the EPF Organisation, only one of them will be eligible for the facility of fixed medical allowance.
(iii) In the case of an employee whose wife/husband spouse is an employee of a Government or any other organization (including private Firm/Office) he/she will be required to give an undertaking that his/her spouse is not availing of medical facilities in cash, if any granted by their respective employees.
(iv) The Fixed Medical Allowance will be in lieu of the medical facility available for outdoor treatment under the Central Services (Medical Attendance) Rules, 1944 as adopted by the EPF Organisation for its own employees and pensioners.
Yours faithfully
s/d
(V.P.Ramaiah)
Additional Central Provident Fund Commissioner (HR)
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Railway Minister gives away Cash Awards to Railway Sports Persons who Won Medals in CWG-2010
Railways to Formulate New Policy to Promote Sports –Mamata Railway Minister gives away Cash Awards to Railway Sports Persons who Won Medals in CWG-2010
The Minister of Railways, Mamata Banerjee felicitated Railway players who won medals for India in the recently concluded Commonwealth Games, Delhi 2010 (CWG-2010), here today. She presented them with a shawl, a memento and the cheque of the award amount. Railway sports persons won 25 Medals for India which include 13 Gold medals, 3 Silver Medals and 9 Bronze medals in CWG-2010.
The medal winners were given special Minister’s Award amount and the awards amount of Railway Sports Promotion Board. The Minister’s special awards were
Rs. 10 lakh for Gold Medal winner,
Rs. 6 lakh for Silver Medal winner and
Rs. 4 lakh for Bronze Medal winner.
These awards were in addition to the awards given by Railway Sports Promotion Board (RSPB). The awards of the RSPB were Rs. 5 lakh for Gold, Rs. 3 lakh for Silver and Rs. 2 lakh for Bronze and a promotion/increment in the Railway service.
In her address to the gathering during the felicitation function, the Railway Minister directed Railway Board to formulate a new Policy which will further promote the cause of sports and games so that Railways is able to produce many more talented sports persons who will bring glory to the nation. She said that the new policy should be formulated in such a way so that it provides sufficient encouragement, incentive, better career prospects and better professional and practical support to Railway players. She said that new policy should include incentives for railway coaches also and the provision for best professional facilities to railway sports persons. The Minister emphasized that Railways will not be found wanting in providing adequate support to its players in all respects.
She said that the Railway Ministry is committed to the promotion of the sports in the country through RSPB and will intensify its efforts so that its players bring medals for India in the next Olympics as well. She said that the Ministry will prepare a plan of action for the next Olympics after identifying ten sports discipline for this purpose. She said that the Railway players will be provided all kinds of facilities right from infrastructure to modern equipment to best coaching so that their performance is improved in all national and international events. She said that the Railway sports players are bringing glory and laurels to the nation and hence it is the duty of the Railways to take care of their genuine needs and demands so that they can concentrate effectively in their respective sports and games.
Referring to the tragic accident which happened last week in which Archery Coach Mr. Lenin who belonged to South Central Railway, was killed, the Railway Minister expressed profound grief over the tragedy and conveyed her deep condolences to the bereaved family. She said that en ex-gratia payment of Rs. 5 lakh will be given to the next of the kin of the deceased and Railway will also like to offer a job to his wife if she is willing to work.
The Minister of State for Railways, Shri E.Ahamed who was especially present on the occasion also congratulated the medal winners of Railways.
On this occasion, Chairman, Railway Board, Shri Vivek Sahai said that the tradition of encouraging sports in the Railways is very old and this will continue. Shri Sahai said that Railway sports persons in the CWG-2010 brought one third of Gold Medals won by India.
Shri V.N.Tripathi, Member Staff, Railway Board, and President of RSPB, outlined the achievements of Railway players in CWG-2010
Present on the occasion, Railway Board Members, sports persons, coaches and other seniors officials of the Ministry of Railways.
The Indian Railways, winner of the first ‘Rashtriya Khel Protsahan Puraskar’ instituted by the Government of India, always takes lead in promoting sports in the country. Railways have sixteen Padamshree, three Rajiv Gandhi Khel Ratna, five Dronacharya Sammaan, six Dhyanchand Sammaan and 134 Arjun Puraskar to its credit which have been awarded to its sports persons.
CWG-2010 Medal Winners of Indian Railways
Medal Winners of Indian Railways
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Ms. Anisha | Shooting (25m Pistol Team) | Gold |
Ravinder | Wrestling (60 Kg. Greco Roman) | Gold |
Sanjay, (Northern | Wrestling (74 Kg. Greco Roman) | Gold |
Ms. Anisha | Shooting (25m Pistol Indv.) | Gold |
| Weightlifting (58 Kg.) | Gold |
Rajinder |
| Gold |
| Archery (Recurve | Gold |
| Wrestling (74 Kg. Free Style) | Gold |
Sushil | Wrestling (66 Kg. Free Style) | Gold |
| Athletics (Discus Throw) | Gold |
| Athletics (4X400 Relay) | Gold |
| Boxing (64 Kg) | Gold |
| Boxing (91 Kg.) | Gold |
Ashish | Gymnastics (Voult | Silver |
Ms. Prajusha, | Athletics (Long Jump) | Silver |
Joginder | Wrestling (120 Kg. Free Style) | Silver |
Dharmendra | Wrestling (120 Kg. Greco Roman) | Bronze |
Ashish | Gymnastics (Floor Exercise) | Bronze |
Ms. Suma Shirur, | Air Rifle (Pairs Event) | Bronze |
Ms. Dola Banerjee | Archery (Recurve | Bronze |
Anil Kumar, (Northern | Wrestling (55 Kg. Free Style) | Bronze |
Ms. S.Geetha (South Ms. Priya P.K (Southern | Athletics (4X100 Relay) | Bronze |
Ranjith | Athletics (Triple Jump) | Bronze |
Amandeep | Boxing (49 Kg.) | Bronze |
Dilbag | Boxing (69 Kg.) | Bronze |
Source: PIB
Wednesday, October 27, 2010
INTUC against disinvestment of public sector units
INTUC against disinvestment of public sector units
Kolkata, Oct 27 (PTI) Opposing disinvestment of profit-making public sector units, Congress-affiliated trade union INTUC today questioned why Coal India was disinvested.
"We are against disinvestment of profit-making public sector units. If the government wants to disinvest PSUs making loss there is no problem, but profit-making companies should be kept away," INTUC national president G Sanjeeva Reddy told a press conference here.
Stating that coal is a profit-making sector, he asked why disinvestment was made there. "I have spoken to the Prime Minister on this and he has agreed in principle that disinvestment should not be made in profit-making public sector units."
Regarding Coal India, the Prime Minister told him that government had sold only out 10 per cent share and it would not be increased further, Reddy said
Source: PTI
Rule 10 of CCS (Commutation of Pension) Rules, 1981 may be followed and difference in commuted value be paid without fresh applications - DOPT Order
Rule 10 of CCS (Commutation of Pension) Rules, 1981 may be followed and difference in commuted value be paid without fresh applications to pensioners who retired on/after 1.1.2006 but before 2.9.2008.
F. No. 38/79/08-P&PW(G)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi – 110003
Date: 27th October, 2010
OFFICE MEMORANDUM
Sub.: Payment of Commutation Value of additional amount of pension in respect of employees who retired on/after 1.1.2006 but before 2.9.2008 and expired before exercising option for commutation of additional amount of pension – Regarding.
As per the provisions contained in para 9.3 of this Department’s OM No. 38/37/08-P&PW(A) dated 2nd September, 2008, the revised table of commutation value for pension will be used for all commutations of pension which become absolute after the date of issue of this OM. In the case of those pensioners, in whose case commutation of pension became absolute on or after 1.1.2006 but before the issue of this OM, the pre-revised Table of Commutation value for pension will be used for payment of commutation of pension based on pre revised pay/pension. Such pensioners shall have an option to commute the amount of pension that has become additionally commutable on account of retrospective revision of pay/pension on implementation of the recommendations of the Sixth Central Pay Commission. On exercising such an option by the pensioner, the revised Table of Commutation Value for pension will be used for the commutation of the additional amount of pension that has become commutable on account of retrospective revision of pay/pension. In all cases where the date of retirement/commutation of pension is on or after 2.9.2008, the revised Table of Commutation Value for pension will be used for commutation of entire pension.
2. References have been received from various Departments seeking clarification from this Department whether the commutation value of additional pension in respect of such employees who had retired during the period between 1.1.2006 and 2.9.2008 and died before exercising option is payable to the eligible member of family or not. The issue has been examined in consultation with Ministry of Finance, Department of Expenditure who has observed that the Pay Commissions’ intention was that the pensioner should exercise a conscious choice in view of the fact that the commutation table has changed w.e.f. 1.1.2006. As such, in these cases, the Rule 10 of CCS (Commutation of Pension) Rules, 1981 may be followed and difference in commuted value be paid without fresh applications. The intention was not to deny the higher capitalized value on account of revision of pension.
3. This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their UO No. 456/EV/2010 dated 18.10.2010.
(V.K.Wadhwa)
Under Secretary to the Government of India
Click here to view the above DOPT Order
Tuesday, October 26, 2010
Grant of Grade Pay of Rs.4600 to the post that exists in the pre-revised scale of Rs.6500-10500 as on 01.01.2006
EMPLOYEES' PROVIDENT FUND ORGANISATION
(MINISTRY OF LABOUR & EMPLOYMENT, GOVT.OF INDIA)
Head Office
Bhavishya Nidhi Bhawan
14-BHIKAJI CAMA PLACE, NEW DELHI - 110066
www.efpindia.gov.in : www.epfindia.nic.in
No. HRD/2(3)82/EO-AO/Pt-III/43140
Dated: 19 Oct 2010
To
All Additional Central P.F. Commissioners,
All Regional P.F. Commissioner (I) In-Charge of the Regions,
All Regional P.F. Commissioner (II) In-Charge of the SROs.
Subject: Grant of Pay Structure of Grade Pay of Rs.4600 in PB-2 to the post that exists in the pre-revised scale of Rs.6500-10500 as on 01.01.2006 which were granted the Normal replacement Pay Structure of Grade Pay of Rs.4200 in the PB-2.
Sir,
Please refer to this office letter No. HRD/1(2) 2008/Implementation of 6th CPC/16306 dated 17.03.2010 on the subject mentioned above wherein Grade Pay of Rs.4600/- in place of Rs.4200/- was allowed to the cadre of EO/AO.
In this circular, it was further clarified that as per the H.O. letter NO. HRD/1(a)2003/Pay scales/Pt.II/60951-6500-10500 notionally w.e.f. 1/04/2004 with actual financial effect from 1/9/2007, therefore the financial benefits in accordance with the DoPT circular in the cadre of EO/AO shall be effected w.e.f. 1/09/2007 onwards.
In this regard, it is to state that it has come to the notice of the Head Office that while implementing the above mentioned order of granting Grade Pay of Rs.4600/- to EO/AO, the benefit of pay fixation has also been extended by some regions, either by giving increment or by fixing the basic pay corresponding to pre-revised pay scale of Rs.7450-11500/- by using fitment table. This is totally erroneous and against the spirit of the order.
It is once again clarified that the aforesaid letter permits the grant of only Grade pay of Rs.4600 in place of Rs.4200 and no benefits of pay fixation i.e. grant of any increment of fixation of pay using fitment table corresponding to pre-revised scale of Rs.7450-11500/- are to be given in this regard. If such benefits have been given, then the recovery of the excess amount should immediately be effected and an action taken report be sent to this office by 29th October 2010 positively.
s/d
Yours faithfully
(R.K.Kukreja)
Regional P.F. Commissioner (HRM)
Click here to get original order...
Monday, October 25, 2010
Grant of House Rent Allowance to Railway employees posted to new Zones/new Divisions
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
RBE.No. 155/2010
New Delhi dated 04.10.2010.
No.E(P&A)II-98/HRA-6
The General Managers/CAOs,
All Indian Railways/Production Units etc.
(As per mailing list No.1&2).
Subject: Grant of House Rent Allowance to Railway employees posted to new Zones/new Divisions - Regarding.
*****
Attention is invited to the instructions contained in Board's letter of even number dated 9.3.2004 allowing the House Rent Allowance to the railway employees posted to New Zones/Divisions at the rates admissible at their last place of posting during the period from 2.9.2002 to 31.8.2009.
2. The issue regarding admissibility of benefit of House Rent Allowance at the rate prevalent at the previous place of posting to those railway employees who on their transfer to New Zones/Division keep their families at the previous station of posting in hired accommodation after vacating the Company/Railway leased/Government accommodation which they were occupying and had to vacate subsequent to transfer to New Zones/Division has been under consideration. The matter has been considered and in partial modification to Board's letter of even number dated 9.3.2004, it has been decided that such railway employees would also be entitled to the benefit of House Rent Allwance at the rates applicable to the previous station of posting as per the Scheme subject to fuifillment of other conditions mentioned in Board's letter of even number dated 9.3.2004.
3. The issues with the concurrence of the Finance Directorate of the Ministry of Railways..
s/d
(Salim Md. Ahmed)
Deputy, Director, Estt.(P&A)III,
Railway Board
Source: AIRF
Sunday, October 24, 2010
AGENDA ITEMS FOR THE 19th MEETING OF STANDING COMMITTEE OF VOLUNTARY AGENCIES (SECOVA) ON 20.9.2010 - DOPT
AGENDA ITEMS FOR THE 19TH MEETING OF STANDING
COMMITTEE OF VOLUNTARY AGENCIES (SECOVA) ON 20.9.2010.
| Sl. No. | Agenda items for Central pension Accounting Office (CPAO) |
|---|---|
| 1. | Issue of Corrigendum PPO for Pre-2006 retirees. While the need for issuance of corrigendum PPO was accepted and implemented for Post-Jan 2006 retirees, the Pre-Jan 2006 cases were left out for issue of corrigendum PPO due to vast number of retirees. A large number of complaints and difficulties faced by few Air Warriors reflect non payment of rightful dues by various Banks due to lack of requisite information, especially State Bank of India, despite directive by PCDA, Allahabad vide Circular No.397 & 403 dated 18 Nov 09 & 02 Feb o9. The problem is genuine and needs suotable directions for issuance of Corrigendum PPO for all Pre-2006 retiree also. Incorporating required details viz date of birth of Pensioner, name & date of birth of the family Pensioners/nominee details; date of retirement is essential for fixation of pension/ Additional Pension or Family Pension to beneficiaries especially past retirees prior to 1986, beside those above 80 years of age. Due to non-availability of authenticated details, Banks are unable to give rightful dues to the Pensioner/Family Pensioners especially to those who are residing in rural areas and are not aware of their actual entitlement on Pay Commission revision. The subject of issuance of corrigendum PPO needs priority directions for outsourcing the task if not feasible within CDA capacity. |
| 2. | To communicate the amount of pension as well as Family Pension to be revised consequent to the 6th Pay Commission to individuals pensioners of Pre – 2006. A Period of more than one year is over. But most of the existing pensioners who have been retired before 01-01-2006 have not been communicated the revised amount of Pension as well as Family Pension admissible to the spouse on his / her death. As a result the Family Pensioner is put to hardships on death of his / her pensioner spouse. Necessary instructions may be issued to communicate the revised amount of pension / family pension in PPO or individual pensioners by the Pension Disbursing Authorities. |
| 3. | Expediting cases of sanctioning of secondary family pension with monitoring mechanism at various levels. All cases of undue and unjustified delays to be viewed seriously and concerned authorities made accountable. |
| Agenda items for Ministry of Finance, Department Of Expenditure | |
| 4. | Same fitment benefit to Pre-2006 pensioners as recommended and implemented in respect of serving employees by the VI CPC. The VI CPC discriminated against Pre-2006 pensioners in the matter of fitment benefit. While Grade Pay was recommended to employees in addition to merger of 86% D.A. as on 1-1-2006, pensioners were recommended only 40% if basic pension which works out to much less than 50% of grade pay. Grade Pay was worked out at 40% on the maximum of the highest pay scale in the group of pay scales coming under each grade pay while past pensioners retired at various stages in their respective pre-revised pay scales. Thus an imbalance is created between pre and post 2006 pensioners which will be rectified only if the same fitment benefit is granted to Pre-2006 pensioners also i.e., basic pension as on 1.1.1996 + 86% D.R. and 50% of relevant grade pay. Unless the above imbalance is rectified, the pre-2006 pensioners and family pensioners will forever lag behind post-2006 pensioners and family pensioners retiring in comparable posts with equal number of years of service. Implementation of VI CPC recommendation in the above regard widened the gap between pre and post 2006 pensioners rather than bridging it. Though the CPC had observed in para 5.1.47 of their report that” In order to maintain the existing modified parity between the present and future retirees it will be necessary to allow the same fitment benefit as is being recommended for the existing Government employees” however, in their recommendations, the commission did not carry the above. The commission had not realized that they were recommending a different fitment benefit to pre-2006 pensioners putting them at a serious disadvantage vis-à-vis future pensioners. The same fitment benefit needs to be extended to Pre-2006 pensioners and family pensioners to do equal justice to them. The IV CPC desired that factors governing pay determination should also apply for pension determination (Para 2.26 of IV CPC report, Part II – Pension). |
| 5. | Parity between Past and Future Pensioners. There has been constant effort on the part of the earlier pay commissions to bridge the gap between pensions of past and future pensioners retiring in comparable posts. More improvements have come about in the pension structure after independence as the country progressed economically and in other respects. In line with this trend, the V CPC had enunciated parity principle in para 137.14 of their report. The V CPC enunciated this principle with the laudable objective of bringing the pensions of past pensioners close to those of future pensioners. They recommended full parity to those who retired prior to 1.1.86 i.e, the date of implementation of IV CPC scales of pay and modified parity w.e.f. 1.1.96. They desired that the same formula be followed in respect of Pre-1996 pensioners and family pensioners at the time of implementation of VI CPC recommendations w.e.f. 1.1.2006 vide para 13 7 .21 of their report. The V CPC did not straight away recommend full parity upto 1-1-96 though they felt it was desirable only having regard to the financial implications of implementation of such a measure at that point of time. They observed in para 137.13 of their report as follows: “The process of bridging the gap in the pension of pensioners has already been set in motion by the fourth CPC when past pensioners were granted additional relief in addition to consolidated of their pension. This process of attainment of reasonable parity needs to be continued so as to achieve complete parity over a period of time.” The Govt. of India accepted parity principle enunciated by the V CPC and implemented the same w.e.f. 1.1.1996 in respect of Pre-1986 pensioners and family pensioners. It is, therefore, incumbent on the part of the Govt. to carry forward this principle to Pre 1.1.1996 pensioners w.e.f. 1.1.2006. It is not correct for the Government to abdicate this responsibility. The VI CPC was erroneous in linking parity with cent percent neutralization of price rise for the following reasons. 1. Cent percent neutralization of price rise was there upto certain levels even prior to 1.1.1996 and 2. It was the V CPC which recommended taking forward parity principle as well as extension of cent percent neutralization of price rise to all levels. Hence there was no link whatsoever between carrying forward the principle of parity and 100% neutralization of price rise. The commission’s observation had created a wrong and misleading impression in the above regard. The Central Government will, therefore, do well to discharge their moral responsibility towards their past employees by carrying forward the parity principle. Pre-1.1.1996 pensioners and family pensioners may, therefore, be first brought on par with post 1.1.1996 pensioners and family pensioners as recommended by V CPC while revising their pensions as per V CPC formula. |
| 6. | Stepping up of Pension and Family Pension to 50% and 30% respectively. The stepping up of pension and family pension to 50% and 30% respectively of the sum of the minimum of the pay in the pay band and grade pay thereon corresponding to the pre revised pay scale from which the pensioner ha retired (Para 5.1 of VI CPC report). The manner in which this recommendation has been implemented has done grave injustice to pre 1.1.2006 pensioners. Instead of taking the pay in the pay band corresponding to the minimum pay of the pre revised pay scale, minimum pay in the pay band has been taken for this purpose and thus those who retired in higher pre revised pay scales have been equated with those who retired in lower scales. Thus equal treatment has been denied to those who retired in various pre revised pay scales in the matter of ‘stepping up’. While those who were given separate pay scales were protected in this regard, those whose pre revised pay scales had come into pay bands have been adversely affected. This is a gross discrimination denying equal treatment as enshrined in Article 14 of the Constitution of India As such the ‘Stepping up’ may be implemented so as to protect all those who retired in various pre revised pay scales replaced by four pay bands. Introduction of pay bands with grade pay should not be allowed to act to the serious detriment of any section of past pensioners. |
| 7. | Extension of new benefits granted to the past pensioners. The Hon’ble Supreme Court of India had categorically ruled in their historic Judgment in Nakara case that dividing the homogeneous class of pensioners into those retiring before and after a certain date in the matter of extending new pensionary benefits granted is unconstitutional and violative of Article 14 of the Constitution of India. Yet, the Government of India limited the new benefits such as (a) taking last pay drawn or average of last 10 months of pay whichever is beneficial to the retiring employee for computation of pension and (b) full pension for 20 years qualifying service/10 years of qualifying service in superannuation case to those retiring after 1-1-2006 in the case of (a) of the above and 2-9-2008 in the case of (b). The representations made against the above violation are disposed of by the Dept. of P&PW, New Delhi vide their letter No.F.No. 38/37/0 p&pw (A) dt. 11-2-2009 on untenable grounds. Hence a presidential reference needs to be made to the Supreme Court to clarify whether or not the above orders of the Government violated the letter and spirit of their judgment in Nakra Case instead of driving the retired employees to approach courts of law in their advanced ages. The Government should be fair enough to its retired employees and their families as this is an issue with far reaching consequences to them. |
| 8. | Additional pension for service beyond 20 years of service. In this connection, the reasoning given by the VI CPC in recommending additional pension for service above 33 years of qualifying service may kindly be seen and service above 20 years suitably rewarded. |
| 9. | A suitable alternative to merger of DR after it reaches 50% in view of VI CPC recommendation against 50% DA/DR merger benefit to ensure revision at reasonable intervals. |
| 10. | Appointment of 7th Central Pay Commission, HRA & Transport Allowance, Children’s educational allowance & Hostel Subsidy and Festival Advance. |
| Agenda Items for Department of Pension & Pensioners’ Welfare (DOP&PW) | |
| 11. | Restoration of commuted pension after 12 years. The V CPC recommended restoration after 12 years taking all relevant factors into consideration. There are no subsequent developments to justify reversing of this recommendation by the VI CPC. The Government would so well to issue orders restoring commuted pension after 12 years as grave injustice is being done to pensioners in not accepting and implementing recommendation of the V CPC in the above regard. |
| 12. | Revision of Ex-gratia rates in respect of pre. 1986 CPF/SRPF retirees and their families. a) Revision of these rates effected w.e.f. 1.11.2006 gave them only marginal benefit. Even in this, those who retired from groups B,C & D are badly hit as the increases in their cases are very negligible. Ex-gratia rates applicable to families of deceased beneficiaries remain the same. These ex-gratia beneficiaries and their families have to be done justice by revising their ex-fratia rates in the same manner as was done in the case of pensioners. b) Further they are given 8% less DR which again is highly discriminatory. Further, the present discrimination against families of the beneficiaries getting ex-gratia in the matter of DR should end. c) They should also be made eligible for grant of FMA on par with pensioners. |
| 13. | Ex-gratia amount to be raised for CPF/SRF retirees. a) The Ex-gratia amount sanctioned to CPF/SRPF retirees is very low. It should be raised to 50% of the minimum of the corresponding pay scale fixed by the VIth CPC for groups A, B, and C and D. The total number of such CPF/SRF retirees alive today are negligible. Government has restored and revised 1/3rd pension of PSU Absorbees who had commuted 100% pension based on the court order. Therefore, it is not justified to deny revision of Ex-gratia to these small groups of people. They also should be given reasonable amount of Ex-gratia to maintain their day to day needs. b) Ex-gratia to widows of CPF/SRPF retirees is to be raised and paid uniform rate of D.R. c) Sanction Ex-gratia to CPF / SRPF voluntary retirees with 20 years of service, since the denial of the benefit is unjustified. |
| 14. | Ex-gratia should not be less than minimum pension and the same should be effective from 01/01/06. |
| 15. | Extension of secondary family pension to dependant widowed daughter-in-law. |
| 16. | Extension of benefit of enhanced family pension for 10 years even in cases of death after retirement. |
| 17. | Fixed Medical Allowance to be enhanced to Rs. 1,000.00 p.m w.e.f. 01/01/06. |
| 18. | Implementaion of Web Based Pensioners Portal- Online Grievance redressal system: Live status as well as final status does not get reflected. The system of ,monitoring by DOP need to be strengthened and DOP need to have teeth to ensure compliance from different Departments. b) Grant in aid to pensioners Associations to cover ‘Rent’ for office accommodation: Most of the Pensioners Associations, due to inadequate finances, find it hard to hire adequate office accommodation. To facilitate smooth & effective working provision for office accommodation ‘Rent may’ be made in the Grant- in-aid to pensioners Associations. |
| 19. | The implementation of orders dated 01.09.2008 read with the orders dated 14.10.08 is not correct. For instance, consider the example given at Sl. No. 3 of the Annexure-II dealing with Pre-revised scale of pay Rs5,000-8,000 in PB-2 of Rs 9300-34800 with Grade Pay of Rs.4200/-. The RCP arrived as per the recommendations was at Rs. 5,650/- and the same is asked to be stepped up to Rs.6,750/- vide OM ibid. Since Fitment Scale for this scale starts at Rs.9300/- Pay Band it is correct. But it the next scale Rs.5500-175-9000 is taken ito consideration with the same Grade Pay it should not be limited to 6750/- since the Fitment Scale is Rs.10,230-17,720 for this scale. It should be compared with the minimum admissible pension of Rs.7225/- (Rs.5115 + Rs.2100) being 50% of the Minimum of the Pay Band + Grade Pay of Rs.4200/- related to the post.The Grade Pay is also varies for the same post carrying the same scale of pay when Implemented in the different departments. As such, the Pension Calculator should not be relied upon but case to case examine of pensioner’s case has to be ensured vide Annexure-III to the OM ibid. |
| Agenda Items for Ministry of Health & Family Welfare | |
| 20. | Health Care of Pensioners / Family Pensioners residing in the Non-CGHS areas is badly neglected. The Orders of Health Ministry reiterating that all the pensioners are at liberty to enroll themselves with any of the nearest CGHS hospital/dispensary may be widely circulated. The Implementation of the orders enforced. Already pending bills with the Heads of Departments concerned for which claims made under the existing CS (MA) Rules, 1964 should be settled on the strength of decisions given by various Hon’ble CATs in the country. (a) Merger of Postal Dispensaries with the CGHS should be expedited. In the meanwhile, the pensioners of Departments of Posts and Telecom may be allowed as in the case of other Officials on deputation to Public Sector Undertakings to join the CGHS on a life time measure on a regular basis to avail the CGHS facility. (b) The rates of contribution raised w.e.f. 1-6-2009 are to be reduced and also the renewal of issue of regular CGHS cards should be allowed for those beneficiaries who were already registered with the CGHS on a temporary basis renewing their Cards periodically without insisting upon the rates increased w.e.f. 1.6.2009. |
| 21. | Withdrawal of arbitrary orders dated 01/08/1996 and 01/09/1996 issued by Ministry of Health and Director of CGHS. The orders should be withdrawn and the benefit of CGHS facilities be allowed to the pensioners of Department of Post and Department of Telecom as specially provided in the order of the Department of Personnel and Pension. |
| Agenda Items for DOP&T | |
| 22. | Early commencement of meeting of National Anomaly Committee to settle all anomaies arising out of 6th central pay commission recommendations. Agenda Items for Department of Telecom & Posts |
| 23. | Grant of concessional telephone facilities to retired P&T Employees. The impact of the decision of Hon. High Courts of Delhi and Cuttack has been given effect in the case of individual petitioners only. However similarly placed pensioners are ignored and indirectly are forced to knock the doors of Courts. It is requested to apprise the DOT to make a General Rule and all similarly placed pensioners are considered for Service Telephones. |
| 24. | The existing Pensioners of Department of Posts and Telecom covered by P&T Dispensaries are neither consider for treatment of hospitalization facilities nor for Fixed Medical Allowance. This item was included in previous SCOVA meeting held on 25-03-2008, but it is still undecided. This may be settled and decided now. |
| Pensioners falling within the limit of P&T Dispensaries / CGHS Hospitals may be allowed to opt for P&T Dispensaries or drawl of Fixed Medical Allowance. The existing pensioners may be allowed either to opt for Fixed Medical Allowance or the facilities of P&T Dispensaries / CGHS. | |
| Agenda Items for Ministry of Defence | |
| 25. | Extension of Benefits of Modified Parity to Pre-Jan 06 Retiree Officers. Govt. has provided necessary relief to Lt Gen (Retd) and equivalent in providing benefit of modified parity. Similar parity in pension to Pre-Jan 2006 retiree officers in respective of rank, needs consideration for extension of benefit. The matter has already been projected at Chiefs of Staff Committee level in Aug 09. The parity amount as suggested below would eliminate grievance of major retirees of Pre-2006 period. |
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| @ Minimum pension guaranteed as result of placing all Lt Gens in HAG scale vide amendment to SAI 2/S/2008 dated 16 Jul 2009. | |
| 26. | Disability Pension: Extension of benefit to Pre-Jan 2006 disability Pensioners. Disability pension for Pre-Jan 2006 retiree is based on fixed amount as per Govt. of India, MoD letter. No. 16(6)/2008()/D (Pebsion/Policy) dated 04 May 2009. This has resulted in large disparity in disability elements related benefit, when compared to post Jan-2006 retirees (who are entitled forv30% of last enhanced pay drawn amount on retirement as per letter of even reference dated 05 May 09). The issue needs a review for providing benefit of disability pension to earlier retiree, on the same yardstick, as applicable now for Post-Jan 06 retiree. |
| Agenda Items for Ministry of Railways | |
| 27. | Companion facility in the same class to all complimentary pass holders of Railways. Cut off age limit for this purpose should be the same as for concessions extended in railway fares. |
| 28. | Inclusion of Representatives of A.I.R.R.F and SCOVA in Railway Hospital Advisory Committees. |
Source : www.persmin.nic.in