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Outsourcing in Government Offices – LokSabha QA

Outsourcing Govt Employees in Government Offices

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

STARRED QUESTION NO : 412
ANSWERED ON: 24.03.2021

Outsourcing in Government Offices

Sumalatha Ambareesh
Doddaalahalli Kempegowda Suresh
Will the Minister of

PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether it is a fact that the employees are outsourced to work in Government offices through contractors, if so, the total number of outsourced employees during the last three years, year-wise and department-wise;

(b) whether the Government has put in place adequate regulations to ensure the admissible benefits for the outsourced employees and if so, the details thereof; and

(c) whether the Government has received any complaints from outsourced employees against contractors and if so, the details
thereof?

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): A statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO THE LOK SABHA STARRED QUESTION NO. 412 BY SHRIMATI SUMALATHA AMBAREESH & SHRI D.K. SURESH REGARDING ‘OUTSOURCING IN GOVERNMENT OFFICES’

(a): Yes, Sir. The establishments in the Government may outsource employees based on their respective requirements. The General Financial Rules 2017 (GFR 2017) allow the Central Government establishments to outsource certain services. As each Ministry/Department is competent to procure services of outsourcing agencies at their level to meet seasonal or short-term requirements, the centralized data is not maintained in this regard.

(b): Regular inspections are conducted under relevant legislations for compliance of various Labour Laws. Scheme has been devised by Government to carry out inspections for implementation of various Labour Laws in Central sphere such as the Contract Labour (Regulation and Abolition) Act, 1970, Minimum Wages Act, 1948, Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 etc. to regulate the employment of contract labour, payment of wages and welfare of employees recruited through contractors. The social welfare legislations apply equally to contract/outsourced labourers as in case of regular workers.

(c): Protection of the interests of contractors’ employees is enforced by the Government through the Office of Chief Labour Commissioner (Central) which carries out inspections in case of complaints received from outsourced employees to regulate issues of employment of contract labour, payment of minimum wages and welfare etc. against the contractors. The centralized data is not maintained in this regard.

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Non Payment of enhanced HRA at 9,18 and 27 percent – Confederation writes to ACGA (PFMS)

Non Payment of enhanced HRA at 9,18 and 27 percent – Confederation writes to ACGA (PFMS)

confederation

Ref: Confd/HRA/2021

Dated – 27.07.2021

To:
Smt. Dharitri Panda,
Additional Controller General of Accounts (PFMS),
O/o Controller General of Accounts,
Ministry of Finance,
Department of Expenditure,
3rd and 4th Floor, Shivaji Stadium Avenue,
Connaught place,
New Delhi-110001

Sub: Non Payment of enhanced HRA @ 9, 18 and 27 percent after DA increase beyond 25%

Madam,

As you are aware that after enhancement of DA from 17% to 28%, it is required to enhance HRA @ 9, 18 and 27% as per report of 7th CPC.

Now, it has been reported by some Departments under Central Government, that it has not been updated in System, therefore it will not be paid with the salary of July 2021.

It is therefore, requested to kindly to cause suitable action to update the System so that the officials may also get enhanced HRA with the salary of July 2021.

Hoping for a positive action

With regards

Yours sincerely,

(R. N. Parashar)
Secretary General

Source : Confederation

Non Payment of enhanced HRA

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Formula for calculating the Commuted Pension for Employees – Rajya Sabha QA

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PENSION & PENSIONERS’ WELFARE)

RAJYA SABHA
UNSTARRED QUESTION NO. 430
(TO BE ANSWERED ON 22.07.2021)

CALCULATION OF COMMUTED PENSION

430 SHRI NEERAJ DANGI:

Will the PRIME MINISTER be pleased to state:

(a) the formula for calculating the commuted pension for employees of Union Government while deciding the recovery period of commuted pension for employees;

(b) the rate of interest for FD, when 14 year was decided as the recovery period for commuted pension of employees;

(c) whether this recovery period is justified in the present scenario when the rate of interest for FD is 5-6 per cent only, if so, the details thereof; and

(d) whether Government is willing to revise this period of recovery of commuted pension, if so, by when and if not, the reasons therefor?

Also Read : Commutation of Pension – Formula, Calculator, Orders, Rules & Forms

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 (d): The lump sum commuted value of pension payable to a pensioner, who applies for such commutation, is calculated in accordance with the Table of the values appended to the Central Civil Services (Commutation of Pension) Rules, 1981. A copy of the Table, presently applicable for calculating the commuted value of pension, is at Annexure. The commuted amount of pension is restored on completion of 15 years from the date the reduction of pension becomes operative.

The existing Table of the values for calculation of lump sum commuted value of pension was incorporated in the Central Civil Services (Commutation of Pension) Rules, 1981 in implementation of the recommendations of the Sixth Central Pay Commission vide Department of Pension & Pensioners’ Welfare O.M. No. 38/37/08-P&PW(A) dated 2nd September, 2008 . This Table is based on LIC (94-96) Ultimate Tables and rate of interest of 8%. While recommending the aforesaid Table, the Sixth Central Pay Commission did not recommend any change in the period of 15 years for restoration of commuted pension. The Seventh Central Pay Commission also did not recommend any change in the said period for restoration of commuted pension.

Hon’ble High Court of Delhi, vide order dated 17.01.2019 , dismissed a Writ Petition No. 1222/2015 seeking reduction in the period for restoration of commuted pension. An SLP(C) No. 8852/2019 filed against the said order of Hon’ble High Court of Delhi was also dismissed by Hon’ble Supreme Court on 15th April, 2019.

At present, in view of the above, there is no proposal to revise the period of restoration of commuted pension.

ANNEXURE REFERED TO IN PARA 1 OF ANSWER TO RAJYA SABHA UNSTARRED QUESTION NO 430 DATED 22.07.2021

COMMUTATION VALUE FOR A PENSION OF Re.1 PER ANNUM

Age next 
Birthday
Commutation 
value expressed as number of year’s purchase
Age next 
Birthday
Commutation
 value expressed as number of year’s purchase
Age next 
Birthday
Commutation 
value expressed as number of year’s purchase
209.188419.075628.093
219.187429.059637.982
229.186439.04647.862
239.185449.019657.731
249.184458.996667.591
259.183468.971677.431
269.182478.943687.262
279.18488.913697.083
289.178498.881706.897
299.176508.846716.703
309.173518.808726.502
319.169528.768736.296
329.164538.724746.085
339.159548.678755.872
349.152558.627765.657
359.145568.572775.443
369.136578.512785.229
379.126588.446795.018
389.116598.371804.812
399.103608.287814.611
409.09618.194 

[Basis: LIC (94-96) Ultimate Tables and 8.00% interest]

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Dearness Relief to Railway Pensioners from July 2021 – [ RBE No – 56/2021 ]

Dearness Relief to Railway Pensioners from July 2021 – [ RBE No – 56/2021 ]

GOVERNMENT OF INDIA (BHARAT SARKAR)
Ministry of Railways (Rail Mantralaya)
(Railway Board)

PC-VII No.:174
RBE No.: 56/2021

File No. PC-VII/2016/1/7/2/3

New Delhi, dated: 28.07.2021

The General Manager/CAOs(R),
All Zonal Railways & Production Units,
(As per mailing list)

Sub : Grant of Dearness Relief to Railway pensioners/family pensioners— Revised rate effective from 01.07.2021

A copy of Office Memorandum No. 42/07/2021-P&PW(D) dated 22.07.2021 of Ministry of Personnel, Public Grievances & Pensions (Department of Pension and Pensioners’ Welfare) on the above subject is enclosed herewith for information and compliance. This order shall apply mutatis mutandis on Railways also.

2. This issues with the concurrence of Finance Directorate of the Ministry of Railways.

3. Hindi version is attached below.

Encl. As above.

(Jaya Kumar G)
Deputy Director, Pay Commission-VII & HRMS
Railway Board

File No. PC-VII/2016/1/7/2/3

New Delhi, dated: 28.07.2021

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Eligibility for coverage under the Old Pension Scheme or the National Pension System – Rajya Sabha

Eligibility for coverage under the Old Pension Scheme or the National Pension System – Rajya Sabha

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PENSION & PENSIONERS’ WELFARE)

RAJYA SABHA
UNSTARRED QUESTION NO. 425
(TO BE ANSWERED ON 22.07.2021)

BENEFITS OF OLD PENSION SCHEME

425 SMT. CHHAYA VERMA:
SHRI VISHAMBHAR PRASAD NISHAD:
CH. SUKHRAM SINGH YADAV:
SHRI NEERAJ SHEKHAR:

Will the PRIME MINISTER be pleased to refer to answer to Unstarred Question 428 given in the Rajya Sabha on 4th February, 2021 and state:

(a) whether Supreme Court has dismissed the Special Leave to Appeal (C) 173/2021 on 04/02/2021 and has allowed the Central Government officials under NPS, the benefits of old pension scheme whose advertisement were advertised before 01/01/2004 and results/joining occured after 31/12/2003;

(b) if so, the details thereof;

(c) whether Government would issue general orders for similar cases to ease out litigation and undue burden on resources and exchequer of Government and its own officials on the line of above judgment; and

(d) if not, the rationale therefor?

Also Read : Judgement of Supreme Court and Reversal from NPS to Old Pensions Scheme [ NPS to OPS ] – Rajyasabha QA

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 (d ): A Writ Petition No. 756/2020 was filed by Dr. Davinder Singh Brar before the Hon’ble High Court of Delhi. Hon’ble Court vide its order dated 28.01.2020, allowed the Writ Petition. The operative portion of the order reads as under:

12. Mr. Anurag Ahluwalia, CGSC sought to draw a distinction between the aforesaid case and the one at hand by pointing out that the Petitioner here had been selected pursuant to a selection process that concluded only in February, 2004, whereas, in other instances where this Court had granted relief, the selection process had concluded before 1st January, 2004.

13. The Court is not persuaded that the above distinction can constitute a ground for denying to the Petitioner coverage under the Old Pension Scheme (OPS). The fact remains that for an advertisement that came to be issued on 24th May, 2003, the Respondents only concluded the selection process in February, 2004. It is not the case of the Respondents that this delay was attributable to the Petitioners. Further, the OM dated 13th April, 2018, referred to hereinabove, does not recognize any such distinction for the purpose of deciding eligibility of personnel to the OPS.

14. In that view of the matter, the impugned order dated 17th August 2019 is hereby set aside. A direction is issued to the Respondents to extend the benefit of the OPS to the Petitioner in terms of the CCS (Pension) Rules, 1972 by issuing appropriate order within a period of 12 weeks from today. The petition is disposed of in the above terms.”

Since, the above judgement was not in consonance with the provisions of notification issued by Ministry of Finance ( Department of Economic Affairs) on 22.12.2003, an SLP No. 173/2021 was filed before Hon’ble Supreme Court. Hon’ble Supreme Court vide its order dated 04.02.2021, dismissed the SLP.

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). However, in some specific court cases, like WP(C) No. 3834/2013 titled Parma Nand Yadav Vs. Union of India and WP(C) No. 2810/2016 titled Rajendra Singh Vs. Union of India, where the selection of candidates had been made before 01.01.2004 but their actual appointment in the Government service could be made on or after 01.01.2004 due to various reasons, on the direction of the Hon’ble High Court of Delhi, the benefit of old pension scheme was allowed to the petitioners.

After considering all the relevant aspects and to extend the benefit to similarly placed Government servants in order to reduce further litigation, the Government has decided, vide an Office Memorandum No. 57/04/2019-P&PW(B) dated 17th February, 2020 of the Department of Pension & Pensioners’ Welfare, that in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the Central Civil Services (Pension) Rules, 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 and covered under the National Pension System on joining service on or after 01.01.2004, may be given a one – time option to be covered under the Central Civil Services (Pension) Rules, 1972.

In view of the specific provisions of the Notification dated 22.12.2003, the date of advertisement for the vacancies or the date of examination for selection against those vacancies is not considered relevant for determining the eligibility for coverage under the Old Pension Scheme or the National Pension System.

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DR to Central Govt Pensioners from July 2021 – CPAO Order

DR to Central Govt Pensioners from July 2021 : All the banks are requested to follow the instructions – CPAO

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BHIKAJI CAMA PLACE,
NEW DELHI-110066
PHONES : 26174596, 26174456, 26174438

CPAO/IT & Tech/Bank Performance/37 Vol-III/2021-22/E-7109/47

23.07.2021

OFFICE MEMORANDUM

Subject: Revised rates of Dearness Relief to Central Government Pensioners / Family Pensioners w.e.f.01.07.2021.

Attention is invited to the OM No. 42/07/2021-P&PW (D) dated 22.07.2021 (Copy enclosed) issued by the Department of Pension & Pensioners Welfare wherein it is decided that the Dearness relief admissible to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 17% to 28% of the basic pension /family pension (including additional pension/family pension) with effect from 1st July 2021. Moreover, the rate of Dearness relief shall remain at 17% of basic pension/family pension for the period from 01.01.2020 till 30.06.2021.

All the banks are requested to follow the instructions issued vide OM ibid by the Department of Pension & Pensioners Welfare scrupulously and implement the same at the earliest.

This issues with the approval of Chief Controller (Pension).

Encl:- As above

(Satish Kumar Garg)
Sr. Accounts Officer (IT & Tech)

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Change in Nomenclature to the post Manager Grade- II in Non-statutory departmental canteens located in Central Government Offices

Change in Nomenclature to the post Manager Grade- II in Non-statutory departmental canteens located in Central Government Offices

No. 3/1/2021-Dir (C)
Government of India
Ministry of Personnel & Public Grievances & Pensions
Department of Personnel & Training

3 Floor, Lok Nayak Bhavan
Khan Market, New Delhi. the 19/07/2021

OFFICE MEMORANDUM

Subject:- Change in Nomenclature to the post Manager Grade- II in Non-statutory departmental canteens located in Central Government Offices-reg.

The undersigned is directed to refer to the subject mentioned above and to say that this Department has decided to re-designate the post “Manager Grade -II” existing in Type “A”, “B” and “C” Non-statutory departmental canteens of Central Government Offices from ‘Manager Grade-II’ to ‘Manager’.

2. This issues with the approval of Competent Authority.

3. All the Ministries/ Departments are requested to take necessary steps to make changes in recruitment rules of the above post.

(Kulbhushan Mathotra)
Under Secretary to the Government of India

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Increase in rate of House Rent Allowance for Rajasthan Govt Employees

Increase in rate of House Rent Allowance for Rajasthan Govt Employees

GOVERNMENT OF RAJASTHAN
FINANCE DEPARTMENT
(RULES DIVISION)

No.F.6(4)FD(Rules)/2017

Jaipur,Dated : 22 July 2021

ORDER

Sub: Increase in rate of House Rent Allowance.

Ref: Finance Department Order of even number dated 30-10-2017.

It was provided in the FD order of even number dated 30-10-2017 that the rates of HRA will be revised to 18% and 9% for ‘Y’ and ‘Z’ Class Cities respectively when dearness allowance crosses 25%. Vide FD order dated 15-07-2021 the rates of dearness allowance has been increased to 28% w.e.f. 01-07-2021.

Therefore, rates of HRA are revised to 18% and 9% for ‘Y’ and ‘Z’ class cities respectively w.e.f. 01-07-2021 i.e. with the salary of the month of July, 2021 payable on 01-08-2021.

By order of the Governor,

(Dr. Prithvi)
Secretary, Finance (Budget)

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DA Order for Haryana Government Employees from July 2021

DA Order for Haryana Government Employees from July 2021

No.4/3/2016-5FR/17937

From
The Additional Chief Secretary to Govt of Haryana.
Finance Department

To
1. All Head of Departments in Haryana
2. The Registrar (General), Punjab and Haryana High Court Chandigarh
3. All Commissioners of Divisions – Hisar, Ambala, Karnal, Faridabad, Rohtak, Gurgram,
4. All Deputy Commissioners in Haryana.
5. All Sub Divisional Officers (Civil) in Haryana.

Dated 26th July, 2021

Subject:- Revised rates of Dearness Allowance to Haryana Government employees w.e.f. 1st July, 2021.

I have been directed to invite your kind attention towards Finance Department’s earlier instructions No.4/1/2009-5FR(FD)/8101 dated 6th July, 2020 vide which instalments of Dearness Allowance to Haryana Government employees due from 01.01.2020, 01.07.2020 and 01.01.2021, were frozen and to say that Governor of Haryana is pleased to decide that the Dearness Allowance payable to Haryana Government employees shall be enhanced from the existing rate of 17% to 28% of the basic pay with effect from 1st July, 2021

Also Read : DA Order July 2021 : FinMin released Office Memorandum for Dearness Allowance from 01.07.2021

2. The increase subsumes the additional instalments arising on 01.01.2020, 01.07.2020 and 01.01.2021. The rate of Dearness Allowance for the period from 01.01.2020 till 30.06.2021 shall remain at 17%. The payment on account of Dearness Allowance involving fractions of 50 paise and above may be rounded to the next higher rupee and the fractions of less than 50 paise may be ignored. The provisions contained in para 3,4,5, & 7 in FD’s instructions No.4/3/2016-5FR/35222 dated 25th November, 2016 shall continue to be applicable while regulating Dearness Allowance under these instructions.

3. Copy of these orders may be downloaded from the official website of the Finance Department i.e. www.finhry.gov.in.

Deputy Secretary Finance
for Additional Chief Secretary to Govt. Haryana,
Finance Department

Endst.No.4/3/2016-5FR/17937 Dated : 26th July, 2021

A copy is forwarded to the following for information and necessary action:-

1. Pr. Accountant General (A&E) and (Audit), Haryana, Chandigarh.
2. The Director General, HIPA, Gurugram.
3. The Finance Secretary, Chandigarh Administration, UT, Chandigarh.
4. The Director General, Treasuries & Accounts Deptt., Haryana, Chandigarh.
5. The Principal, Accounts Training Institute, Haryana, Panchkula.
6. All the Treasury Officer in Haryana including Treasury Officer, Chandigarh, Tees Hazari Court, Delhi.
7. Incharge, Computer Cell (Finance Department) for uploading these instructions on the website of the Finance Department.

Deputy Secretary Finance
for Additional Chief Secretary to Govt. Haryana,
Finance Department

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DA hike for Karnataka Government Employees from July 2021

DA Order for Karnataka Government Employees from July 2021

PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA

Sub:- Revision of the rates of Dearness Allowance-reg.

READ: (1) G.O. No. FD 06 SRP 2018 dated: 19.04.2018
(2) G.O. No. FD 12 SRP 2018 dated: 18.06.2018
(3) G.D. No. FD 21 SRP 2018 dated: 12.10.2018
(4) G.O. No. FD 1 SRP 2019 dated: 28.03.2019
(5) G.O. No. FD 15 SRP 2019 dated: 19.10.2019
(6) G.O. No. FD 10 SRP 2020 dated: 05.05.2020
(7) GOT O.M. No.1/1/2020-E-11(B) dated: 20.07.2021

PREAMBLE:

In view of the crisis arising out of Covid-19 pandemic, in G.O. dated: 05.05.2020 read at (6) above the State Government as a matter of policy have issued orders freezing the dearness allowance for the period 01.01.2020 to 30.06.2021 until further orders. In GOT O.M. dated: 20.07.2021 read at (7) above orders have been issued revising the dearness allowance rates of central government employees for the period 01.01.2020 to 30.06.2021.

Hence, it is considered necessary to revise the dearness allowance rates admissible to State Government employees, employees working in Local Bodies/Boards and Corporations etc. Accordingly, the following orders are issued:

GOVERNMENT ORDER NO. FD 18 SRP 2021,
BANGALORE, DATED 26TH JULY 2021.

Government are pleased to release the additional installments of dearness allowance for the period 01.01.2020 to 30.06.2021. Accordingly, the rates of Dearness Allowance payable to the State Government Employees in the 2018 Revised Pay Scales shall be revised from the existing 11.25% to 21.50% of Basic Pay with effect from 1st July 2021.

Also Read : DA Order July 2021 : FinMin released Office Memorandum for Dearness Allowance from 01.07.2021

2. For the purpose of this order, the term ‘Basic Pay’ means, pay drawn by a Government Employee in the scale of pay applicable to the post held by him and includes:

a. Stagnation increment, if any, granted to him above the maximum of the scale of pay;
b. Personal Pay, if any, granted to him under sub-rule (3) of Rule 7 read with Rule 3(c) of the Karnataka Civil Services (Revised Pay) Rules, 2018;
c. Additional increment, if any, granted to him above the maximum of the scale of pay.

3. Basic Pay shall not include any emoluments other than those specified above.

4. Government are also pleased to enhance the rates of Dearness Allowance from the existing 11.25% to 21.50% of the Basic Pension/Family Pension with effect from 1st the y I 2021 to the State Government Pensioners/Family Pensioners as well as Pensioners/Family Pensioners of the Aided Educational Institutions whose Pension/Family Pension is paid out of the Consolidated Fund of the State.

5. These orders are also applicable to retired employees on UGC/AICTE/ICAR scales of pay.

6. These orders will apply to the full time Government Employees. Employees of Zilla Panchayats, Work Charged Employees on regular time scales of pay, full time Employees of Aided Educational Institutions and Universities who are on regular time scales of pay.

7. Appropriate authorities may take decision on revision of the dearness allowance of the employees covered under the Karnataka Daily Wage Employees Welfare Act, 2012 and also employees of Boards/Corporations/Local Bodies, Employees of Government/Autonomous Institutions etc under the control of State Government whose dearness allowance order is being regulated with reference to the orders issued by the State Government from time to time. This is subject to the fulfillment of conditions and precedents like obtaining approval of the Competent Authority in issuing separate orders etc., if any.

8. Separate orders will be issued in respect of Employees on UGC/AICTE/ICAR/NJPC scales of pay and also in respect of NJPC Pensioners.

9. The increase in Dearness Allowance admissible under this order is payable in cash.

10. The payment on account of Dearness Allowance involving fractions of 50 paise and above shall be rounded off to the next rupee and fractions less than 50 paise shall be ignored.

11. The Dearness Allowance will be shown as a distinct element of remuneration and will not be treated as pay for any purpose.

BY ORDER AND IN THE NAME OF THE
GOVERNOR OF KARNATAKA,
Deputy Secretary to Government,
Finance Department (Services-2).

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