Central Government Employees News

Wednesday, June 2, 2010

Annual re-verification of doctors appointed as Authorised Medical Attendants under CS(MA) Rules

No.S. 14025/53/2008-MS

Government of India

Ministry of Health and Family Welfare

313, 'D' Wing, Nirman Bhawan, New Delhi - 110108

******

Dated 19th May, 2010

OFFICE MEMORANDUM

Subject: Annual re-verification of doctors appointed as Authorised Medical Attendants under CS(MA) Rules, 1944 - clarification regarding.

The undersigned is directed to invite reference to this Ministry's OM of even number dated 09.02.2009, wherein an arrangement for the proforma for the verification of
character and antecedents of doctors to be appointed as Authorised Medical Attendants under CS(MA) Rules, 1944 was made, and to clarify that there is no need of verification again at the time of extension of term of AMA which is done on an annual basis. However, it also advised that an undertaking from the AMA may be
taken that "he is not involved in any corrupt practice and no case has been lodged against him at any local police station/CBI/CVC/any court etc."

(Jai Prakash)

Under Secretary to the Government of India

The Central Board of Direct Taxes (CBDT) Amends Rules Relating to TDS

CBDT Amends Rules Relating to TDS

The Central Board of Direct Taxes (CBDT) have amended the Rules relating to TDS provisions date and mode of payment of tax deducted at source (TDS), TDS certificate and filing of ‘statement of TDS’ (TDS return) vide Notification No.41/2010; SO No.1261(E) dated 31.05.2010. The amended rules will apply only in respect of tax deducted on or after 1st day of April 2010.

Forms for TDS certificate have been revised to include the receipt number of the TDS return filed by the deductor. Now the Tax-deduction Account Number (TAN) of the deductor, Permanent Account Number (PAN) of the deductee, and Receipt number of TDS return filed by the deductor will form the unique identification for allowing tax credit claimed by the taxpayer in his income-tax return.

Government Authorities (Pay and Accounts Officer or Treasury Officer or Cheque Drawing and Disbursing Officer) responsible for crediting tax deducted at source to the credit of the Central Government by book-entry are now required to electronically file a monthly statement in a new Form No. 24G containing details of credit of TDS to the agency authorised by the Director General of Income-tax (Systems).

Due date for furnishing TDS return for the last quarter of the financial year has been modified to 15th May (from earlier 15th June). The revised due dates for furnishing TDS return are

Sl. No.	Date of ending of the quarter of the financial year	Due date
1	30th June	15th July of the financial year
2	30th September	15th October of the financial year
3	31st December	15th January of the financial year
4	31st March	15th May of the financial year immediately following the financial year in which deduction is made

Due date for furnishing TDS certificate to the employee or deductee or payee is revised as under

Sl. No.	Category	Periodicity of furnishing TDS certificate	Due date
1.	Salary (Form No.16)	AnnuaL	By 31st day of May of the financial year immediately following the financial year in which the income was paid and tax deducted
2.	Non-Salary (Form No.16A)	Quarterly	Within fifteen days from the due date for furnishing the ‘statement of TDS’

New Scheme for Railway Staff taking voluntary retirement

New Scheme for Railway Staff taking voluntary retirement

Indian Railways is all set to start new scheme for its employees who take voluntary retirement from service. Under the safety related retirement scheme, railways will provide employment to one of the family member of the retiring employee. This scheme can be availed by an employee, aged between 50-57 and employed under the safety category, who have completed the minimum tenure of 20 year service.

General Secretary of All India Railway Federation, Shivgopal Mishra, on Wednesday said that this scheme would start with pay scale of Rs.1800 and the employee will be promoted to higher pay scale as well. “This scheme will be beneficial for the older ones and with young blood taking charge, productivity and safety in railways will also increase,” said Mishra. He further said that Ministry will formally announce this scheme soon.

At present , there are around 2.5 lakh employees in the safety category but around 18,000 employees will benefit from the upcoming scheme. Under this scheme, apart from providing employment to one of the family members, regular pension will also be paid to the employee. Regarding the scheme, Mishra said that the said scheme was formulated at the time of NDA Government when Nitish Kumar was the Railway Minister. “The scheme was formulated when Nitish Kumar was the Rail Minister. But at that point of time, the scheme was not passed due to some issues,” said Mishra.

Meanwhile, under the banner of All India Railway Federation a dharna was organised near the DRM office demanding welfare of the employees and putting a curb on the outsourcing of service sector of the railways. “This is in larger interest of the passengers, rail users and the employees.” Mishra said.

Source: The Pioneer

Tuesday, June 1, 2010

HC relief to woman officer in sexual harassment case

HC relief to woman officer in sexual harassment case

A woman Research Officer with the Department of Indian Systems of Medicine got relief from the Delhi High Court which has directed the government to constitute a "proper" committee to inquire into her accusation of sexual harassment by a senior colleague.

The woman officer, working in the Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) under the Health Ministry, had contended that the sexual harassment committee appointed earlier by Department was headed by a person junior to the accused, which was against the law in this regard.

Aggrieved by non-compliance of guidelines laid down by the apex court in this regard by the Department, she had approached the Central Administrative Tribunal which declined to direct the government to re-constitute the committee on the ground of lack of jurisdiction.

PTI

'SCs/STs for open seats be treated as general'

'SCs/STs for open seats be treated as general'

Scheduled Caste and Scheduled Tribe candidates qualifying against open seats for promotion cannot be adjusted against the vacancies earmarked for SC/ST quota, the Central Administrative Tribunal (CAT) has held while giving relief to a Delhi Police woman constable.

"The official memorandum dated July 2, 1997 has to be applied for reservation to SC/ST category candidates who achieve merit of general category have to be deemed as general category candidates and this quota would not be counted towards reservation.

"If it is so, because of non-following of the aforesaid (memorandum) the fundamental right of the applicant to be considered as a SC category candidate fairly and equitably for promotion has been applied. The action of the respondents cannot be countenanced," the Tribunal bench, comprising Members Shanker Raju and S P Singh, said.

The CAT passed the order on a petition of a woman constable Krishna Kumari seeking direction to the Delhi Government to consider her candidature for promotion to the post of Head Constable.

She submitted that she was eligible for consideration as she held eighth position against 15 vacancies earmarked for the category.

Accepting the plea of Kumari, the Tribunal said the government wrongly applied the instructions laid down in the official memorandum.

"In our considered view, the government has misapplied the instructions to fill up the quota of SC/ST from the candidates belonging to that respective category even if they have achieved the merit on a par with general category candidates," the Tribunal said.

Earlier, the government contended that the vacancies meant for SC/ST have been utilised by those despite merit obtained by them at par with the general category.

While rejecting its contention, the Tribunal said, "The case of Kumari for promotion in promotion list A against SC quota on the basis of the selection of the year 1999 shall be considered and in the event she is otherwise qualified, consideration for promotion shall be accorded to her from the date juniors have been promoted."

PTI

AGENDA ITEMS FOR JOINT COMMITTEE ON MACP SCHEME

NATIONAL FEDERATION OF INDIAN RAILWAYMEN

ANNEXURE

AGENDA ITEMS FOR JOINT COMMITTEE ON MACP SCHEME

I. Financial Upgradation under MACPS in the casse of staff joined
another Unit/Organisation on request

Under the old ACP Scheme which was effective from 1.10.09, the regular
service rendered in the previous organisation shall be counted alongwith regular
service in the new organisation in those cases of staff joined another
post/organisation on own request even in lower post.

But in the MACPS such benefit of financial upgradation (hitherto allowed)
is not admissible. This needs to be reviewed and the extant provision suitably
amended facilitating continuance of financial upgradation benefit.

II. Denial of Benefit on Account of Para 8.1 of MACPS

Para 2 of the MACPS contained in DOPT O.M. No. 35034/3/2008-Estt. (D)
dated 19.5.2009 envisages merely placement in the next higher pay. In terms of
this para, the staff in certain departments who are already in Grade Pay of Rs.
4500/- should legitimately be placed in the next Grade Pay of Rs. 6600/- in PB-3
on fulfilment of the stipulated years of regular service.

However vide Para 8.1 of the MACPS it has been stated that the Grade
Pay of Rs. 5400/- in PB-2 and PB-3 shall be treated as separate Grade Pay for
grant of financial upgradation. This stipulation has resulted in denial of benefit to those who are placed in Grade Pay of Rs. 5400/-.

It would therefore be necessary to suitably amend or delete para 8.1 of the MACPS.

III. Counting of Training Period for MACPS

In certain departments, the staff are recruited for the purpose of imparting
induction training and there after absorbed as regular staff. During the period of
training stipend is paid to them. This training period is counted as part of service
under the extant provisions for pensionary benefits, annual increments etc.,
Hence, the period of training should be counted along with regular service for the
purpose of MACPS.

IV. Staff re-deployed in other Cadres/Organisations consequent upon
their Medical Decategorisation

There are medically decategorised (Railways) re-deployed in the lower
posts in other cadres/departments. Under the 2 ACP concept, the previous
service in the higher grade is allowed to be counted for ACP benefit. In the
present MACPS, there is no such provision. Suitable amendment to MACPS be made for extending the benefit of financial upgradation to the medically decategorised employees re-deployed in lower grade posts.

V. Application of MACPS to the Surplus Staff Re-deployed to lower posts in other Cadres/Organisations.

The extant provision in the MACPS is not clear in regard to counting of
service in the previous post/cadre in the case of surplus staff re-deployed in the
lower grade posts.

Clear clarification is needed for reckoning the previous service and equally
for protecting their pay.

VI. Anomalous situation surfaced in the Course of implementation of
MACPS:-

Illustrations highlighting the occurrence of anomalous situations are given
below:-

(I)

Employee ‘X’	Employee ‘Y’
Appointed as CG-I in pay scale Rs.330-560/Rs.4500-7000 in December 1984 after being selected by RRB and placed on merit no.19	Appointed as CG-I in pay scale Rs.330-560/Rs.4500-7000 in December 1984 after being selected by RRB and placed on merit no.21
(ii) Promoted as JAA in pay scale Rs.5550-9000 in the year 1987	(ii) Promoted as JAA in pay scale Rs.5550-9000 in the year 1987
(iii) Qualified Appendix II examination for regularization as JAA	(iii) Qualified Appendix II examination for regularization as JAA
(iv) passed Appendix III SO Group in the year 1994	(iv) Did not appear in exam.
(v) Promoted as SO in the year 2003	(v) Not eligible for promotion to SO
(vi) Got GP Rs.4800 w.e.f. 01-01-2006 pay was fixed at Rs.17590 i.e. less than a junior who did not qualify appendix III examination	Got 2 promotions under MACPS GP Rs.4600 GP Rs.4800 and pay was fixed at Rs.17710

(II)

Employee ‘X’	Employee ‘Y’
Appointed as CG-I/Jr.AA in Gr. Pay Rs.2800	Appointed as Accounts Clerk in Gr. Pay Rs.1900
(ii)Qualified Appendix II A for regularization as Jr.AA GP Rs.2800	(ii)Passed Appendix IIA examination for promotion to Jr.AA GP Rs.2800
(iii)Promoted to GP Rs.4200 on completion of 3 years of service	(iii) Continued in GP Rs.1900
(iv) Passed examination of Appendix III A	(iv) Passed examination of Appendix III A
(v) Promoted as SO in GP Rs.4800	(v)Promoted as SO in GP Rs.4800 directly from GP Rs.1900
(vi) Under 3rd MACPS he will get GP Rs.5400	(vi) Now under MACPS he will get 2nd promotion in GP Rs.5400 3rd MACPS he will get GP Rs.6600

(III)

Employee ‘X’	Employee ‘Y’
Appointed as Trackman in pre-revised pay scale Rs. 2610-3540 (GP Rs.1800 )	Appointed as Trackman in pre- revised pay scale Rs. 2610- 3540 (GP Rs.1800 )
(ii) Promoted as Sr.Trackman in pre-revised pay scale Rs.2750-4400(GP Rs.1800)	(ii) Promoted as Sr.Trackman in pre-revised pay scale Rs.2750-4400(GP Rs.1800)
(iii) Promoted as Keyman in pre-revised pay scale Rs.2750-4400 (GP Rs.1800) after passing test and shouldering higher responsibility	Now under MACPS he will get 1st MACPS in GP Rs.1900 2nd MACPS in GP Rs.2000 3rd MACPS in GP Rs.2400
(iv) Promoted as Mate in pre-revised Pay scale Rs.3050-4590 (GP Rs.1900) after passing selection -Now under MACPS he will be entitled for 2nd promotion in GP Rs.2000 3rd MACPS in GP Rs.2400

Employee ‘X’	Employee ‘Y’
Appointed as ASM in GP Rs.2800 in the year 1981	Appointed as ASM in GP Rs.2800 in the year 1986
(ii) 1st regular promotion in GP Rs.4200 in the year 1984	1st regular promotion in GP Rs.4200 in the year 1990
(iii) 2nd regular promotion in GP Rs.4600 in the year 2008 after passing selection	Now under MACPS he will get 2nd MACPS in GP Rs.4600 and 3rd MACPS in GP Rs.4800 in the year 2010 as he completed service 4+10+10 years = 24 years
(iv) he will get 3rd MACPS in GP Rs.4800 in the year 2011 on completion of 30 years of service	-

Note- The senior employee who got promotion after passing positive act of
selection will get GP Rs.4800 later than his junior by 5 years of service.

The aberrations highlighted in the above 4 illustrations nweeds to be
examined for rectification.

VII. Para 24 of MACPS

This para directs is counting of regular service from the date of joining the
new organisation for the purpose of promotion under MACPS. It applies to an
employee who seeks transfer on a lower post/lower scale after getting
promotion/ACP. According to this para those who seek transfer before getting
promotion/ACP will get benefit of service in the parent unit/organisation.

The para does not cover the situation when employee seeks mutual
transfer. However Railway Board has given clarification vide letter No. PC-V/2009/ACP/II/WR dated 28.1.2010, that the mutual transfer should also be treated as movement to a new Organisation i.e. for the purpose of MACPS his service should be counted from the date of joining of new organisation. I n regard to mutual transfer the clarification is incorrect because such an employee maintains his position in the seniority list as per extant rules. Suitable clarification needs to be issued for counting the service rendered in the previous organisation for the purpose of allowing financial upgradation under MACPS.