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OROP Supreme Court Latest News: SC upholds govt’s decision on One Rank One Pension

OROP Supreme Court Latest News: SC upholds govt’s decision on One Rank One Pension

The Supreme Court on Wednesday upheld the Union government’s decision on One Rank One Pension (OROP) for defence forces, saying it did not come across any “constitutional infirmity” in the manner in which it was being implemented.

The apex court made this observation on a plea by ex-servicemen association seeking implementation of One Rank-One Pension as recommended by the Bhagat Singh Koshyari Committee.

According to reports, the Committee has recommended an automatic annual revision, instead of the current policy of periodic review once in five years.

A three-judge bench of Justices DY Chandrachud, Surya Kant and Vikram Nath observed that there is no legal mandate that everyone who held the same rank must have the same pension, adding that the scheme was a policy decision taken by the Central government and the government was empowered to do so, it was held.

The bench of Justices DY Chandrachud, Surya Kant and Vikram Nath refused to accept the challenge made by the association “Indian Ex-Service Movement” against the 2015 notification issued by the Centre.

“The Central government has taken a policy decision. Such a decision lies within the ambit of policymaking powers of the government. . We find no constitutional infirmity in the OROP principle adopted”, the bench said in the judgment pronounced today.

The bench has however directed that the re-fixation exercise as per the policy should be carried out with effect from July 1, 2019 and the arrears should be paid to the pensioners within 3 months.

No legal mandate that pensioners who hold same rank must be given same pension

The top court, however, said the government must conduct a refixation exercise for a period of 5 years with regard to pension payable to Army personnel as stated in the OROP policy in accordance with the November 7, 2015 notification.

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Status of Cadre Review as on 15th March, 2022

Status of Cadre Review proposals processed in Cadre Review Division of DoPT from 1st January 2016 to 28th February, 2022 (as on 15th March, 2022)

S. No.Name of the ServiceCRC* MeetingCabinet Approval
1Indian Postal Service28.12.201525.05.2016
2Central Reserve Police Force15.12.201529.06.2016
3Indian Information Service05.05.201624.08.2016
4Border Security Force29.06.201612.09.2016
5Indian P & T Accounts and Finance Service17.09.201527.10.2016
6Ministry of Micro, Small and Medium Enterprises (MSME) Indian Enterprise Development Service (IEDS)28.12.201521.12.2016
7Indian Telecom Service06.10.201621.12.2016
8Central Engineering Service (Roads)25.04.201606.03.2017
9Indian Naval Material Management Service24.10.201322.06.2017
10Indian Defence Accounts Service09.09.201619.07.2017
11Sashastra Seema Bal (SSB)(Group ‘A’ Combatised)19.7.201720.12.2017
12Central Industrial Security Force (CISF)15.05.201710.01.2018
13Indian Petroleum and Explosive Safety Service (IPESS)09.01.201702.05.2018
14Indian Railways Personnel Service19.04.201819.02.2019
15Indian Railways Traffic Service19.04.201819.02.2019
16Indian Railways Stores Service19.04.201819.02.2019
17Indian Railways Accounts Service19.04.201819.02.2019
18Indian Railways Service of Mechanical Engineers19.04.201819.02.2019
19Indian Railways Service of Electrical Engineers19.04.201819.02.2019
20Indian Railways Service of Engineers19.04.201819.02.2019
21Indian Railways Service of Signal Engineers19.04.201819.02.2019
22Indo Tibetan Border Police08.02.201923.10.2019
23Indian P&T Building Works02.08.201906.11.2019
24.Indian Cost Accounts Service26.08.202025.05.2021

* CRC – Cadre Review Committee

B. Status of Proposals under consideration

S.No.Name of the ServiceStatus
(1) Meeting of Cadre
Review Committee held-10
1.Indian Defence Estates ServiceCadre Controlling Authority (CCA) to take approval of the Cabinet.
2.Indian Naval Armament ServiceCCA to take approval of the Cabinet.
3.Military Engineering Service (IDSE, Surveyor, Architect)CCA to take approval of the Cabinet
4.Central Geological Service Group ‘A’CCA to take approval of the Cabinet
5.Geological Survey of India Chemical Service Group ‘A’CCA to take approval of the Cabinet
6.Geological Survey of India Geophysical Service Group ‘A’CCA to take approval of the Cabinet
7.Geological Survey of India Engineering Service Group ‘A’CCA to take approval of the Cabinet
8.Railway Protection Force (Indian Railway Protection Force Service)CCA to take approval of the Cabinet
9.Indian Railway Health ServiceCCA to take approval of the Cabinet
10.Medical Cadres of CAPFs, NSG & ARCCA to take approval of the Cabinet
(2) Pending for consideration of CRC -1
11.Indian Radio Regulatory ServiceNote for CRC has been sent to Cabinet Secretariat.
(3) Pending with Department of Expenditure-0
(4) Pending with DoPT -7
12.Central Health Service (CHS)Note for CRC is under submission.
13.Indian Ordnance Factories Health Services (IOFHS)Note for CRC is under submission.
14.Indian Civil Accounts ServiceNote for CRC is under submission.
15.Indian Revenue Service (C&IT)Proposal under examination.
16.Indian Foreign ServiceProposal under examination.
17.Indian Economic ServiceProposal under examination.
18.Indian Corporate Law ServiceProposal considered by CRC. As per directions of PMO, CCA has submitted revised proposal which is under examination.
(6) Information / clarification/ reply pending with CCA -4
19.Indian Skill Development ServiceAs per directions of Cabinet Secretariat, CCA to submit revised proposal.
20.Central Engineering Service (Roads)Proposal withdrawn by the CCA.
21.Central Power Engineering ServiceReply from CCA is awaited.
22.Survey of India Group ‘A’Reply from CCA is awaited.

Under Secretary (CRD)
15/03/2022

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Central Board recommends 8.10% rate of interest to its subscribers for the year 2021-22 – EPFO

The Central Board recommends 8.10% rate of interest to its subscribers for the year 2021-22

The 230th meeting of Central Board of Trustees, EPF was held today during the AKAM Iconic Week in Guwahati under the Chairmanship of Shri Bhupendra Yadav, Union Minister for Labour & Employment and Environment, Forest & Climate Change, Vice-Chairmanship of Shri RameshwarTeli, Union Minister of State for Labour & Employment, Petroleum & Natural Gas and Co-Chairmanship of Shri Sunil Barthwal, Secretary Labour & Employment and the Member Secretary Smt. NeelamShammi Rao, Central P F Commissioner.

The Central Board recommended 8.10% annual rate of interest to be credited on EPF accumulations in members’ accounts for the financial year 2021-22. The interest rate would be officially notified in the government gazette following which EPFO would credit the rate of interest into its subscribers’ accounts.

EPFO despite following a conservative approach towards investment, has consistently generated high returns over the last many years which has enabled it to distribute higher interest to its subscribers, through various economic cycles with minimal credit risk.

Also Read: GPF Interest Rate from January 2022 to March 2022

Traditionally, EPFO has been able to give a higher rate of interest on retirement savings in comparison to other available investment options because of its prudent investment policy of investing in long tenor high yielding securities for the past several decades. This has ensured that the returns on EPFO’s investments are higher even when the yields have been steadily coming down in the past decade.

For FY 2022, EPFO decided to liquidate some of its investment in equities and the interest rate recommended is a result of combined income from interest received from debt investment as well as income realized from equity investment. This enabled EPFO to provide a higher return to its subscribers and still allowed EPFO with a surplus to act as a cushion for providing a higher return in the future also. There is no over-drawl on the EPFO corpus due to this income distribution.

The assured fixed return approach of EPFO, announced by CBT every year along with the tax exemptions makes an attractive savings option for the PF members.

*****

PIB

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Scrapping of NPS by Rajasthan [Lok Sabha QA]

Scrapping of NPS by Rajasthan

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA
UNSTARRED QUESTION NO: 2009
ANSWERED ON: 14.03.2022

Scrapping of NPS by Rajasthan

Deepak Baij
Will the Minister of

FINANCE be pleased to state:-

(a) whether the State Government of Rajasthan has scrapped New Pension Scheme(NPS) and has announced to revert all officials under NPS to Old Pension Scheme(OPS) on 23/02/2022;

(b) if so, the details thereof;

(c) whether the Union Government would also scrap NPS and revert all officials of Central Government under OPS on the line of State Government of Rajasthan;

(d) if so, the details thereof; and

(e) if not, the reasons therefor?

Also Read: Restoration of Old Pension Scheme: Lok Sabha QA

ANSWER
THE MINISTER OF STATE IN THE MINISTRY OF FINANCE

(a) and (b) State Government of Rajasthan in Budget Speech on 23rd February, 2022, announced to implement old pension scheme from the forthcoming year, for all employees appointed on or after 1st January, 2004

(c) to (e) There is no proposal under consideration of Government of India.

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DoP: Fixed Medical Allowance to Pensioners who are residing in areas not covered under CGHS

Fixed Medical Allowance to Pensioners who are residing in areas not covered under CGHS

No.2-1/2012-Medical
Government of India
Ministry of communications
Department of Posts
(Medical Section)

Dak Bhavan, Sansad Marg,
New Delhi — 110 001
Dated: 28/02/2022

To,

All the CPMsG

Sub: Regarding Enhancement of Fixed Medical Allowance to Central Government Pensioners/ Family Pensioners who are residing in areas not covered under CGHS- recommendation of Departmental related Parliamentary Standing Committee (DRPSC).

Sir,

The undersigned is directed to forward a copy of an O.M. No.04/04/2022-P&PW(D) dated 16th Feb, 2022 of Ministry of Personnel, Public Grievances & Pensions (Dept. of Pension & Pensioners’ Welfare) on the subject mentioned above for further necessary action at your end.

2 This may be treated as Most Immediate.

Also Read: Grant of Fixed Medical Allowance to Central Government Civil Pensioners residing in areas not covered under CGHS

Yours faithfully,

Encl: As above

(M.S. Zou)
Assistant Director General (Medical)

Copy to: General Manager, CEPT, PTC Campus, Mysore-570010 for uploading on the website of Department.

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Transfer Policy Guidelines dated 17.01.2019 – Clarification by DoP

Transfer Policy Guidelines dated 17.01.2019 – Clarification by DoP

No. X-12/6/2021-SPN-II
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg
New Delhi – 110 001

Dated: March 03, 2022

To,

  1. All Chief Postmaster General
  2. Chief General Manager, PLI / Parcel / BD Directorate
  3. Chief General Manager, CEPT / Director RAKNPA / Director of all PTCs
  4. Addl. Director General, Army Postal Service
  5. All General Manager (Finance) / Director Postal Accounts / DDAP
  6. Subject: Transfer Policy Guidelines dated 17.01.2019 – reg.

Sir/Madam,

I am directed to refer to Directorate’s letter of even number dated 31.12.2021 and to say that clarifications are being sought from some Postal Circle. Issues raised by the Postal Circles have been examined and is clarified as under:

Also Read: Dept of Posts Transfer Policy Guidelines: Assessment of vacancy for considering Transfer Request

Sl.QueryClarification
(i)Para 3(A)(X) of Transfer guidelines have been modified to bring down eligibility for transfer from two years to one year. However, para 3(A)(i) of Transfer guidelines have not been modified which provides that ‘As a general rule, an official shall not be transferred from one unit to another, either within the same Circle or to another Circle unless he has completed probation period satisfactorily’.Service eligibility as provided under Para 3(A)(X) of Transfer guidelines, for transfer under Rule — 38 has been reduced to one year. Hence, Para 3(A)(i) of the Transfer guidelines may be treated as modified in line with Para 3(A)(X).
(ii)Whether mode of recruitment and category be observed for Intra-Circle mutual transfer of PA/SAConsequent upon maintenance of reservation roster of PA/SA at Circle level, mode of recruitment / category to which an employee belongs need not be observed for Intra-Circle transfer of PA/SA either on mutual basis or otherwise.In case of Inter-Circle transfer of PA/SA these will be observed without fail.Further, in case of other Divisional cadres VIZ. Postman/ Mail Guard/ MTS/etc. mode of recruitment / category shall be observed for Inter-Circle as Intra-Circle transfer.
(iii)Circle is allowed to consider Intra-Circle temporary transfer after observing guidelines dated 17.01.2019. Now, as per revised guidelines, Circle has to consider Intra-Circle and Inter-Circle on monthly basis. This is creating confusion for preparing priority list for temporary Intra-Circle transfer. Hence, temporary Intra-Circle transfer of PA/SA may be discontinued.Temporary transfer and Rule-38 transfer are two different aspects wherein Rule-38 addresses request for permanent transfer to a Unit/Circle, whereas an official seeks temporary transfer to mitigate short term requirement for being at some place. The priority list for Rule — 38 transfers has no relation to the requests of temporary transfer and such request for temporary transfer may be approved if vacancy is available in requested unit, at the time of consideration.
(iv)Inward Inter-Circle/ Intra-Circle waiting list of PA/SA were maintained Division-wise. Hence, procedure for merger of waiting list of PA/SA and operation of additional options which was maintained Division-wise before coming into force of present guidelines.Officials already in waiting list shall retain their weightage. Merger of waiting / priority list shall be done as under, to prepare combined Inter-Circle / Intra-Circle priority list:(a) Request received till 2018 shall be arranged with reference to date of application in relevant year;
(b) Request received during 2019 to 2021 shall be arranged with reference to length of service; in relevant year.
(v)As per calculation of vacancy, transfers under Rule-38 are to be considered against actual vacancy in preceding month. This will lead to exhaustion of all vacancies in Inward transfer Circles and no vacancy would be left for Compassionate appointment (5% of DR) and Sports quota (5% of DR)At the start of recruitment year, i.e. in the month of January, all recruiting unit shall assess vacancy for a particular recruitment year and distribute it amongst various mode of recruitment provided in the Recruitment Rules and within each mode amongst various categories as prescribed. This shall be termed as ‘Provisional Vacancy’. Thereafter, Circle shall earmark vacancy for Compassionate appointment and Sports quota recruitment, which will not be open for considering transfer under Rule-38. As Provisional vacancy will undergo change due to addition of unforeseen vacancy not assessed earlier, Circle should ensure that the vacancy
proportionate to unforeseen vacancy arising during the recruitment year, are added to the vacancies earmarked earlier for Compassionate appointment and Sports quota recruitment with reference to Provisional vacancy.As and when ‘Final vacancy’ is ‘arrived at, proportionate vacancy for Compassionate appointment and Sports quota should also be finalized.

Yours faithfully,

(Satya Narayan Dash)
Director (SPN)

Copy to:

  1. Sr.PPS / PSO to Secretary (Posts) / Director General Postal Services
  2. PPS/ PS to Members, Postal Services Board / Addl. DG(Coordination)
  3. Additional Secretary & Financial Adviser, Department of Posts
  4. Sr. DDG(Vigilance) & CVO / Sr. DDG (PAF)
  5. Secretary, Postal Services Board/ All Deputy Directors General
  6. PE-I / PE-II / SPN-I / DE section, Dak Bhawan
  7. All recognized Federations / Unions / Associations of Department of Posts
  8. Portal Upload Tem, CEPT for uploading the order on the India Post website.
  9. Office copy / Guard file

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Concessions to person re-employed in Central Government service payment of Travelling Allowance: Railway Board

Concessions to person re-employed in Central Government service payment of Travelling Allowance

MINISTRY OF RAILWAYS (भारत सरकार)
RAILWAY BOARD (रेल मंत्रालय)
RAILWAY BOARD (रेलवे बोर्ड)

RBE No.27/2022

No. F(E)I/2022/AL-28/19

New Delhi, dated: 08.03.2022

General Manager(P)
All Indian Railways, PUs etc.
(As per standard mailing list)

Sub: Concessions to person re-employed in Central Government service payment of Travelling Allowance.

****

In pursuance to’ Ministry of Finance / Department of Expenditure O.M. No 19030/42020-E.IV dated 24.01.2022 on the subject matter of concessions to person re-employed in Central Government service – payment of Traveling Allowance, it has been decided to regulate admissibility of Travelling Allowance (i.e. TA for self and family members, Composite Transfer Grant, transportation of personal effects and-transportation of conveyance) in r/o persons re-employed in Railways in the following manner:

Also Read: Time limit for submission of Travelling Allowance and other claims by staff, RBE 229/202

(i) Where the pensioner is re-employed and TA on retirement has already been claimed by re-employed pensioner from the office/organization – from where he has retired/ superannuated:

  • TA shall be allowed to him for such appointment if such appointment is made at station other than place of settlement or such appointment necessitates change of residence at place of settlement.
  • TA shall also be allowed to him after completion of his term of re-employment.
  • In both cases, the TA would be reimbursed by the office/organization where the pensioner is re-employed.

(ii) In case the re-employed pensioner has not claimed TA on retirement within one year of his retirement and he is re-employed under the Railway before the expiry of one year from the date of retirement:

  • TA shall be allowed to him for such appointment in case such appointment is made at station other than last station of duty or such appointment necessitates change of residence at last station of duty.
  • TA shall also be allowed to him after completion of his term of re-employment.
  • The expenditure for TA on joining such appointment shall be borne by the organization from where the pensioner is retired/superannuated with reference to the post held at the time of retirement. On completion of term of re-employment, the TA would be reimbursed by the office/organization where the pensioner is re-employed.

(iii) In case of appointment of a re-employed person from other than Railway, TA shall be allowed to him as per the provision at Para 1 (i) above.

2. Admissibility of TA in above cases-would be subject to the following:

  • The entitlement for TA. would be w.r.t. the post last hold and the last pay drawn under the Railway at the time of retirement. In case of appointment of a re-employed person from other than Railway, the entitlement of TA would be in accordance with the equivalence given to the post in Railway.
  • Other provisions of Railway TA rules as provided in Chapter-16 of Indian Railway Establishment Code admissible to Railway officials on transfer in public interest as modified from time to time, would be applicable.

This order shall be effective from date of issuance of this OM. Past cases already settled would not be re-opened.

(Jitendra Kumar)
Dy. Director Finance Estt.I
Railway Board

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Income Tax payable on the contribution in a PF account exceeding Rs. 5 lakh per annum w.e.f financial year 2021-22: CGA

Income Tax payable on the contribution in a PF account exceeding Rs. 5 lakh per annum w.e.f financial year 2021-22

TA-3-07001/7/2021-TA-III-Part (1)/cs-8084/81
Ministry of Finance
Department of Expenditure
O/o Controller General of Accounts,
GPO Complex, E-Block, INA New Delhi.

Dated: 04.03.2022

OFFICE MEMORANDUM

Subject: Income Tax payable on the contribution in a PF account exceeding Rs. 5 lakh per annum w.e.f financial year 2021-22-reg.

Reference is invited to Department of Revenue Notification dated 31st August, 2021 and this office OM dated 25.02.2022 on the above cited subject.

2. In this regard, necessary amendments for maintaining GPF accounts have been made in Chapter 6 of Civil Accounts Manual (CAM). In accordance with the provisions contained in CAM, PAO will ensure to issue annual GPF statement in the revised format to subscribers through DDO soon after the 31st March of each year as per GPF Rules.

3. In view of the provision of the IT Act 1961 as amended, the GPF subscribers may be advised to take into account their income tax liability arising on account of interest accrued during the previous year on his taxable contributions/accumulations and deposit Advance Income Tax at applicable rates directly without waiting for the annual GPF statement issued by concerned DDO/PAO. In order to capture taxable GPF interest amount by DDO, PFMS have also developed necessary functionality. The requisite information to compute GPF interest is also available with individual concern in terms of annual statement of previous year and details of subscriptions and refund through monthly pay slip. In case of any difficulty being faced by subscribers, interest calculation on this account may be got it checked from PAO.

Also Read: Calculation of Income Tax on Interest of GPF: CGDA

4. All Pr. CCAs/CCAs/CAs (IC) of Ministries/Departments are requested to advise their PAOs to extend assistance to subscribers, if required, so as to facilitate them to be able to deposit income tax by due date.

(Ashish Kumar Singh)
Dy. Controller General of Accounts

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Modification of instructions regarding Air Travel on Government Account: Railway Board

Modification of instructions regarding Air Travel on Government Account

GOVERNMENT OF INDIA (भारत सरकार)
MINISTRY OF RAILWAYS (रेल मंत्रालय)
RAILWAY BOARD (रेलवे बोर्ड)

RBE N0.25/2022

No. F(E)1/2022/AL-28/1

New Delhi, dated 07.03.2022

The General Managers,
AT Indian Railways / PUs etc.
(As per Standard Mailing List).

Sub: Modification of instructions regarding Air Travel on Government Account.

Ref: Board’s letter of even number dated 11.01.2022.

Reference is invited to Board’s. letter of even number dated 11.01.2022 regarding booking of air ticket on Government account through three authorized agencies viz. Balmer Lawrie & Company Ltd.(BLCL), Ashok Travels & Tours (ATT) and Indian Railway Catering & Tourism Corporation Ltd. (IRCTC), after disinvestment of Air India. It is, now, clarified that air travel on Government account both Domestic (including LTC) and International travel can be made by private airlines. However, the tickets shall be. purchased only through the above three authorized agents.

Also Read: Finmin Clarification on booking of air tickets by private airlines in view of the disinvestment of Air India

Other terms & conditions mentioned in Board’s above referred letter dated 11.01.2022 will remain unchanged.

Jitendra Kumar
Dy. Director Finance (Estt.)I
Railway Board.
Tele No. 011-23047023
Email ID- jitendrak. rb[at]gov.in
4th Floor, Room No.445

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Committee for demands/grievances of subscribers under NPS

Constitute a Committee to look into the demands/grievances of the subscribers covered under the National Pension Scheme

Government of Himachal Pradesh
Finance (Pension) Departmcnt

No. Fin(Pen)A(1)-3/2021 Shimla-2 Dated : 02.03.2022

Notification

In continuation of this department’s notification of even number dated 11.12.2021, the Governor of Himachal Pradesh is pleased to order composition of the Committee as under:-

I. Chief Secretary, – Chairman
Government of Himachal Pradesh

  1. Additional Chief Secretary/ Principal Secretary/
    Secretary (Personnel) to the Government of Himachal – Member
    Pradesh
  2. Additional Chief Secretary/ Principal Secretary/
    Secretary (Finance) to the Government of Himachal – Member
    Pradesh
  3. Special Secy. (Fin-Pen) to the Government of – Member Secretary
    Himachal Pradesh

The terms of reference of the Committee wiII be as under:-

  1. The Committee shall look into the demands/ grievances of subscribers/Government employees recruited on or after 15 .05.2003 into the regular Government Service and covered under the New Pension System (NPS).
  2. The Committee may consult and interact with various stakeholders to have the opinion about their experiences and to assess the financial liability on the State Government, if the Old Pension Scheme is restored.
  3. To submit suggestions on other matters that the Committee feels relevant in the contest of reviewing the New Pension System.
  4. The Committee may co-opt as many members, officials and non officials, as it deems fit.

By Order,
Prabodh Saxena
Addl. Chief Secretary (Finance) to
Government of Himachal Pradesh

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