DA from July 2021 to the CDA pattern employees of CPSEs on 5th CPC pay scales
No. 2(42)/97-DPE (WC)-GL-XVII/2021 Government of India Ministry of Finance Department of Public Enterprises
Public Enterprises Bhawan, Block 14, CGO Complex, Lodi Road, New Delhi-110003, the 3rd December, 2021
OFFICE MEMORANDUM
Subject: – Payment of DA to the CDA pattern employees of CPSEs on 5th CPC pay scales governed by HPPC recommendations w.e.f. 01.07.2021 – reg.
The undersigned is directed to refer to Para No. 2. and Annexure-III to this Department’s O.M. dated 24.10.1997 wherein the rates of DA payable to the employees of CPSEs following CDA pattern pay scales, who are governed by HPPC recommendations had been indicated.
2. In continuation of this Department’s OM of even number dated 24.08.2021, the rates of Dearness Allowance payable to the employees of CPSEs governed by the recommendations of HPPC, which have not revised their pay scales in terms of DPE O.M. No. 2(54) /2008-DPE(WC) dated 14.10.2008 may be as follows:-
a) In case of CPSEs who have not allowed the benefit of merger of 50% of DA with basic pay as contained in DPE O.M. dated 24.05.2005 to their employees, the DA payable may be enhanced from existing rate of 406% to 418% w.e.f. 01.07.2021.
b) In case of CPSEs who have allowed the benefit of merger of 50% of DA with basic pay as contained in DPE O.M. dated 24.05.2005 to their employees, the DA payable may be enhanced from existing rate of 356% to 368% w.e.f. 01.07.2021.
3. The payment of Dearness Allowance involving fractions of 50 paise and above may be rounded off to the next higher rupee and the fractions of less than 50 paise may be ignored.
4. All administrative Ministries/Department of Government of India are requested to bring the foregoing to the notice of the Central Public Sector Enterprises under their administrative control for necessary action at their end.
Anomalies in salary and pension of senior ranks of Defence Services Officials
GOVERNMENT OF INDIA MINISTRY OF DEFENCE DEPARTMENT OF MILITARY AFFAIRS RAJYA SABHA
UNSTARRED QUESTION NO.846 TO BE ANSWERED ON 6th DECEMBER, 2021
ANOMALIES IN SALARY AND PENSION OF SENIOR DEFENCE OFFICIALS
846 SHRI NARANBHAI J. RATHWA:
Will the Minister of DEFENCE be pleased to state:
(a) whether it is a fact that there are anomalies in salary and pension of senior ranks of defence services officials;
(b) whether it is also a fact that many Generals are being paid lower pension than their juniors; and
(c) if so, the anomalies noticed by Government in salary and pension of defence services staff and the steps proposed to rectify these anomalies without any delay?
ANSWER MINISTER OF STATE IN THE MINISTRY OF DEFENCE SHRI AJAY BHATT
(a) & (b) Yes, Sir. there are anomalies in pay of Maj Gen & Lt Gen ranks. Hence pension is also affected, wherein they would tend to draw lesser pension when compared to their juniors.
(c) Detailed explanation has been given in Annexure.
ANNEXURE REFERRED TO IN REPLY TO PART (c) OF RAJYA SABHA UNSTARRED QUESTION NO. 846 FOR ANSWER ON 06.12.2021 REGARDING ‘ANOMALIES IN SALARY AND PENSION OF SENIOR DEFENCE OFFICIALS’
ANOMALIES IN SALARY AND PENSION OF SENIOR DEFENCE OFFICIALS
1. The anomaly existing in 6th and 7th Central Pay Commissions are given below
Sl. No
Rank
6th CPC
7th CPC
Pay scale
Maximum Pay (Rs.) (Pay in the Pay Band + Grade Pay+ MSP)
Level in Pay Matrix
Maximum Pay (Rs.) (Pay in the Pay Matrix+ MSP)
1
Brigadier (Junior officer)
37400-67000
67,000 + 8,900 + 6,000 =81,900
13A
2,17,600 + 15,500 =2,33,100
2
Maj Gen
37400-67000
67,000 + 10,000+0* =77,000 (No *MSP)
14
2,18,200 (Max pay in the Pay Matrix)
3
Lt Gen (#HAG)
67000-79000
79,000+0+0* (No *MSP)
15
2,24,100 (Max pay in the Pay Matrix)
2. The matter is under examination to resolve the aforesaid anomaly in consultation with various stakeholders.
Recruitment of officers and soldiers in Indian Army/Armed Forces
GOVERNMENT OF INDIA MINISTRY OF DEFENCE DEPARTMENT OF MILITARY AFFAIRS
RAJYA SABHA UNSTARRED QUESTION NO.840
TO BE ANSWERED ON 6th DECEMBER, 2021
RECRUITMENT OF OFFICERS
840 SHRI REWATI RAMAN SINGH:
Will the Minister of DEFENCE be pleased to state:
(a) whether it is a fact that no recruitment of officers and soldiers has been done in Indian Army/Armed Forces during the last year;
(b) if so, whether our Government plans to conduct immediate fresh recruitment in Indian Army/Armed forces in view of the nature of our neighbouring countries at present;
(c) whether Government has constituted any Committee to look into the shortage of officers and soldiers in Indian Army/Armed forces; and
ANSWER MINISTER OF STATE IN THE MINISTRY OF DEFENCE SHRI AJAY BHATT
(a) No, Sir. Selection of Officers continues under COVID protocols and has not been suspended for the Indian Army, Indian Navy and Indian Air Force. 47 recruitment rallies have been conducted by Army during recruitment year 2020-21. The IN has undertaken one batch recruitment of sailors in recruitment year 2020-21. The IAF has undertaken recruitment of airmen in recruitment year 2020-21.
(b) No, Sir. Recruitment is undertaken based on the planned requirement of manpower for the Armed Forces. Some recruitment rallies were suspended temporarily due to COVID-19.
Will the PRIME MINISTER be pleased to refer to answers to UQ428 and 425 given in Rajya Sabha on Feb 4 and July 22, 2021 respectively and state:
(a) whether Supreme Court has dismissed various SLPs and Review Petitions during the year 2021 and has allowed the Central Government officials under NPS, the benefits of old pension scheme whose advertisements were issued before 01/01/2004 and results declared and joining occurred after 31112/2003;
(b) if so, the details thereof, case-wise;
(c) the details of cases where Government has issued orders to revert these officials after / judgments of Supreme Court, case-wise; and
(d) by when general order for all similar cases on above lines would be issued?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)
(a) to (c): Hon’ble Supreme Court has dismissed some of SLPs filed by Union of India during the year 2021 against the orders of Hon’ble High Court of Delhi allowing benefit of old pension scheme to those Government servants whose selection process was completed after 01.01.2004. Details of cases is enclosed at Annexure-A
(d): National Pension System (NPS) was introduced for Central Government employees by a Notification of Ministry of Finance (Department of Economic Affairs) dated 22nd December, 2003. NPS is mandatory for all new recruits to the Central Government service from 1st January, 2004 (except the armed forces).
In view of the specific prov1s1ons of the Notification dated 22.12.2003, the date of advertisement for the vacancies is not considered relevant for determining the eligibility for coverage under the Old Pension Scheme or the National Pension System.
Status of SLPs / Review Petitions during the year 2021
S.No.
Details of cases
Status of Implementation of Court order
1
WP (C) No. 9252/2020 titled Shabad Prakash Punia & Ors in High Court of Delhi was allowed vide Order dated 15.01.2021.An SLP (C) No. 7373/2021 filed by UOI was dismissed on 09.07.2021.
Implemented
2
WP (C) No. ·6548/2020 titled Ithape Pandit Kisanrao & 80 Ors in High Court of Delhi was allowed vide order dated 06.11.2020. AnSLP (C) No. 8555/2021 filed by UOI was dismissed on 12.07.2021.
Implemented
3
WP (C) No. 11097/2019 titled Amar Kumar in High Court of Delhi was allowed vide order dated 15.01.2021. An SLP (C) No. 8985/2021 filed by UOI/Deptt. against the order was dismissed on 19.07.2021.
Considering Review Petition
4
WP (C) No. 1569/2021 titled Jaswinder Singh & 105 Ors in High Court of Delhi was allowed vide order dated 15.02.2021.An SLP (C) No. 11749/2021 filed by UOI/Deptt. against the order was dismissed on 31.08.2021.
Implemented
5
WP (C) No. 756/2020 titled Dr. Davinder Singh Brar Vs UOI & Ors in High Court of Delhi was allowed vide order dated 28.01.2020. An SLP(C) No. 173/2021 filed by Uol was dismissed on 04.02.2021
Implemented
6
WP (C) No. 6989/2020 filed by Sh. Vipul Pandey & 57 Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 06.11.2020.SLP (C) No. 11543/2021 filed by Uol was dismissed on 17.09.2021
Implemented
7
WP (C) Noll 169/2019 titled Chander Veer Singh & 31 Ors before the Hon’ble High Court of Delhi was allowed vide order dated 16.12.2019. SLP (C) No. 9950/2020 filed by UoI was dismissed on 16.04.2021.
Implemented
8
WP (C) No. 323/2020 titled Ashok Kumar & 09 Ors before the Hon’ble High Court of Delhi was allowed vide order dated 13.01.2020. SLP (C) 10681/2020 filed by UoI was dismissed on 16.04.2021
Implemented
9
WP (C) No. 337/2020 titled Vikas Kumar & 61 Ors before the Hon’ble High Court of Delhi was allowed vide order dated 16.12.2019. SLP Dismissed on 16.04.2021
Implemented
10
WP (C) No. 1569/2021 titled Jaswinder Singh & 105 Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.02.2021. SLP (C) No. 11749/2021 filed by UoI was dismissed on 31.08.2021.
Implemented
11
WP (C) No. 5443/2020 titled Prasiddh Narain & 479 Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.
SLP filed
12
WP (C) No. 5075/2020 titled Sudesh Kumar Singh & 743 Ors & UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.
SLP filed
13
WP (C) No. 5080/2020 titled Sujan Singh Yadav & 230 Ors Vs UOI & Ors before the Hon ‘ble High Court of Delhi was allowed vide order dated 15.01.2021.
SLP filed
14
WP (C) No. 5444/2020 titled Praveen Kumar & Ors 526 Vs UOI & Ors before the Hon’ble Hi Court of Delhi was allowed vide order dated 15.01.2021.
SLP filed
15
WP (C) No. 445/2020 titled Kulesh Kumar Patel & 494 Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.
SLP filed
16
WP (C) No.5447/2020 titled Gaikwad Valmik S & 501 Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.
SLP filed
17
WP (C) No. 7745/2020 titled Harbir Singh & 71 Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.
SLP filed
18
WP (C) No. 11061/2020 titled Budhi Singh & 748 Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.
SLP filed
19
WP (C) No. 11063/2020 titled Bijendra Singh & 47 Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.
SLP filed
20
WP (C) No. 11065/2020 titled Bhupendra Singh & 861 Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.
SLP filed
21
WP (C) -No. 12083/2019 titled Karamvir Singh & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.
SLP is being filed
22
WP (C) No. 13129/2019 filed by Sh. Niraj Kumar Singh & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 13.12.2019.
SLP Filed
23
WP (C) No. 9535/2019 filed by Sh.Charnpak Kumar Nayak & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 27.01.2020
SLP Filed
24
WP (C) No. 10317/2020 filed by Dilip Kumar Singh & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021 rectified on 02.02.2021
Suggestions/Comments for coverage under Old Pension Scheme [Rajya Sabha QA]
GOVERNMENT OF INDIA MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS RAJYA SABHA QUESTION NO 611
ANSWERED ON 02.12.2021
Suggestions/Comments for coverage under Old Pension Scheme
611 Shri Neeraj Shekhar Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state :-
(a) whether Department of Pension and Pensioners Welfare (DoP&PW) had sought views of Department of Financial Services (DFS)and Ministry of Law and Justice for excluding those employees whose advertisements for recruitment were issued on or before 31/12/2003 from purview of NPS and to cover them under Old Pension Scheme in view of various judgements of Supreme Court and various High Courts; and
(b) if so, the details of suggestions/comments offered by DFS and Ministry of Law and Justice to DoP&PW so far, Department/Ministry-wise?
ANSWER MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)
(a): Yes sir,
(b): Department of Financial Services in their comments have conveyed that DoP&PW may take appropriate decision in regard to excluding the employees whose recruitment advertisement was issued on or before 01.01.2004 from the purview of NPS and cover them under OPS.
No comments from Department of Legal Affairs have been received, so far
Litigation for Old Pension Scheme [Rajya Sabha QA ]
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PENSION & PENSIONERS’ WELFARE) RAJYA SABHA
UNSTARRED QUESTION NO. 610 (TO BE ANSWERED ON 02.12.2021)
LITIGATION FOR OLD PENSION SCHEME
610 SHRI NEERAJ SHEKHAR:
Will the PRIME MINISTER be pleased to state:
(a) whether Supreme Court has dismissed more than half dozen SLPs and Review Petitions and ordered that Central Government officials whose advertisements were issued before 01/01/2004 and joining and results occurred after 31.12.2003 be reverted to old pension scheme;
(b) if so, whether officials of Government are deliberately advising for lame litigation in each case even after dismissal of SLPs and Review Petitions at admission stage without hearing by Supreme Court, to tarnish pro-public image of Government by harassing its own officials and not issuing general orders for similar cases; and
(C) if not, the reasons for litigation in each case?
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)
(a): Hon’ble Supreme Court has dismissed some of SLPs filed by Union of India against the orders of Hon’ble High Court of Delhi allowing benefit of old pension scheme to those Government servants whose selection process was completed after 01.01.2004.
(b) & (c): National Pension System (NPS) was introduced for Central Government employees by a Notification of Ministry of Finance (Department of Economic Affairs) dated 22nd December, 2003. NPS is mandatory for all new recruits to the Central Government service from 1st January, 2004 (except the armed forces).
In view of the specific provisions of the Notification dated 22.12.2003, the date of advertisement for the vacancies is not considered relevant for determining the eligibility for coverage under the Old Pension Scheme or the National Pension System.
F.No.7/3/2020-CS.I (A) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training)
2′ Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110003 Dated the 3rd December, 2021
OFFICE MEMORANDUM
Subject: Violation of Central Civil Services (Conduct Rules), 1964 – reg.
This Department has been receiving numerous inter-cadre transfer requests on personal / medical grounds to attached/outstation offices of varous Ministries / Departments in the grade of ASO in CSS Cadre. Many times, these requests of ASOs are being forwarded from Hon’ble Minister/ Member of Parliament (Lok Sabha or Rajya Sabha)/other designated authority for their favourable consideration.
2. The said conduct is clearly a violation of Rule 20 of CCS (Conduct Rules), 1964 which states the following:
“No Government servant shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Government.”
3. The Competent Authority has taken a serious view in the matter. It is informed that all such acts will invite appropriate action including disciplinary action, as per extant rules in all such cases.
Time limit for submission of Travelling Allowance and other claims by staff: reiteration of instructions regarding condonation of delay in submission of claims by retired railway employees
GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD)
RBE. No.229
No.F(E)I/2018/AI-28/29
New Delhi, dated: 29.11.2021
General Manager(P) All Indian Railways, PUs etc. (As Per standard mailing list)
Sub: Time limit for submission of Travelling Allowance and other claims by staff: reiteration of instructions regarding condonation of delay in submission of claims by retired employees.
Ref: 1. DC/JCM item No.24/2021-Transfer grant to retired Railway Employees- Condonation of delay in submission of claims by retired employees.
2. NFIR’s letter No.II/35/2021 dated 08.07.2021
3. Board’s letter No.F(E)I/89/AL-28/11, dated 23.02.1990.
NFIR vide their above-referred letter dated 08.07.2021 had represented that in view of Covid-19 pandemic many retired Railway Employees had not been able to shift their belongings to places where they intended to settle down even beyond one year after retirement, and requested Board to consider the matter and grant relaxation in the extant rules to enable the Zonal Railways etc. to accept applications for payment of transfer grant to the retired staff as and when received although belatedly and grant the same. This demand (Item No.24/2021) was also raised in the DC/JC Meeting held on 5th & 6th October 2021.
2.In this context it is advised that in terms of Board’s above referred letter No.F(E)I/89/AL-28/11, dated 23.02.1990 (Annex-I), the power to extend the time limit by one year for availing of the TA concessions admissible on retirement by the Railway Servant has already been delegated to the Zonal Railways to be exercised by the General Manager/Additional General Manager Personally, with the approval of the FA&CAO in individual cases attendant with special circumstances. These instructions are hereby retirated and re-circulated as Annexure to this letter for compliance.
Subject: Seeking pension related advice/clarification from Central Pension Accounting Office-reg.
1. It has been observed that many PAOs under different Ministries/Departments are seeking advice/clarification on issues related to pension from Central Pension Accounting Office (CPAO) and not from the concerned nodal authorities responsible for formulation of rules/policies relating to pensioners i.e. DP&PW, M/o of Law and Justice, Freedom Fighter Division of MHA, etc. This is leading to unnecessary delays in obtaining advice/clarification and is ultimately causing hardship to the pensioners.
2. It is intimated that CPAO is not the authority to interpret the Policies/Rules formulated by various nodal departments relating to pension and other retirement benefits.
3. In view of the above, all Pr. CCAs/CCAs/CAs (with independent charge) of Ministries are requested to direct all Pay & Account Offices (PAOs) under their control to seek advice/clarification on pension related matters from the concerned nodal authority.
4. This issues with the approval of Chief Controller (Pensions)
Life Certificate last date extended on 31st December 2021
GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF EXPENDITURE CENTRAL PENSION ACCOUNTING OFFICE TRIKOOT-II BHIKAJI CAMA PLACE, NEW DELHI – 110066
