BSNL to claim “recoupment of leave encashment” related to the DoT period.
When the DoT recruited employees were absorbed in BSNL, the leave earned during their DoT service was also carried forward. Hence, when the employees absorbed from the DoT retired, the leave encashment for the portion of the leave earned during the DoT service, should have been paid by the DoT. However, this did not happen. The entire Leave Encashment amount was paid by the BSNL. At that time itself, the unions and associations raised this issue and claimed settlement by the DoT. However, it was not accepted by the DoT. The BSNL Management also did not pursue this issue with the government. But, now, the BSNL Management has decided to claim recoupement of whatever amount it has paid to the employees, as Leave Encashment, for the leave accumulated as on 01.10.2000. BSNLEU, strongly supports this move being taken the BSNL Management. The Union, together with the AUAB, will take the needful action to settle this issue.
NTPC accelerates Learning & Development Opportunities for 19000 Employees and their family members during the Lockdown period
The Maharatna collaborates with World Bank, ‘Art of Living’ and other external entities via L&D sessions
Certifications offered on successful completion of training
NTPC, India’s largest power producer and the Central PSU under Ministry of Power, has offered learning opportunities to its 19,000-plus employees and their family members. To meet the requirements of the lockdown imposed due to COVID 19 pandemic, NTPC Learning and Development (L&D) strategy has been customised for enriching employees through intensive digitisation and online training, enabling them to avail these services from anywhere.
Moreover, company has collaborated with the World Bank to offer its staff an opportunity to be part of a rigorous online technical course, attending virtual classes, giving assessments and, eventually, obtaining certifications.
Power Management Institute – NTPC’s apex L&D centre – has conducted 250-plus training sessions in diverse disciplines ranging from technical, functional, health and safety. Besides, NTPC’s Regional Learning and Development Centres located in power plant projects have created almost 100-plus online learning opportunities.
The Maharatnais determined to keep nurturing its staff via continuous learning sessions while simultaneously revamping and customising methodologies for specialised scenarios. The company realises the need for upskilling even during crises. Therefore, another unique collaboration – the ‘45-Day Learning Challenge’ – offers its staff thorough learning for 45 days in varied disciplines such as Technical, Finance and HR, earning them certifications once completed from home.
There are other collaborations too with external agencies providing state-of-the-art sessions. A holistic wellness programme is being continuously run in association with the ‘Art of Living’. Employees and family members of all ages can participate, helping them stay strong and focused during these turbulent times. Similarly, a special six-month initiative, ‘Snehal 2.0’, based on counselling services via EAP (Employee Assistance Programmes) has been extended to employees’ family members. Available round-the-clock, the EAP service is confidential and offered to select users only.
Likewise, classes are being held on power plant essentials such as Turbine, Boiler, Water Chemistry, Renewable Energy and other significant O&M (Operations & Maintenance) areas through in-house as well as guest faculties. The new learning methodologies include connecting via online forums, webinars, an internally-developed mobile application ‘Samvaad’ as well as leveraging the Internet and its internal learning portal.
EPFO released Rs 868 crore pension along with Rs 105 crore arrear on account of restoration of commuted value of pension.
On the recommendation of Central Board of Trustees (EPFO), the Government of India accepted one of the long standing demands of workers to allow restoration of commuted value of pension after 15 years. Earlier there was no provision for restoration of commuted pension and the pensioners continued to receive reduced pension on account of commutation lifelong.This is a historical step for the benefit of pensioners under EPS-95.
EPFO has more than 65 lakhs pensioners catered through its 135 regional offices. EPFO officers and staff battled all odds during this Covid-19 lockdown period and processed pension payment for May,2020 to ensure credit of pension in the bank account of pensioners on schedule.
Z.15025/17/2020/DIR/CGHS/
Govt. of India
Min. of Health & Family Welfare
Directorate General of CGHS
545-A Nirman Bhawan, New Delhi.
Dated the 29th May , 2020
OFFICE ORDER
Subject : Extension of Validity of CGHS Card in view of the Corona Virus (COVID-19) Infection
***
In view of the Corona Virus Disease (COVID-19) , all out efforts are made by the Government to contain its impact by instituting measures at community as well as at individual level. Guidelines for maintaining social distancing between individuals have already been issued by the Government.
2. In the spirit of above guidelines, the undersigned is directed to draw kind attention to the Office Order of even number dated 1.4.2020 and 27.04.2020 vide which the validity of CGHS Cards expiring on 31st March 2020 and thereafter has been extended in respect of CGHS pensioner beneficiaries contributing on annual basis and Central Government serving employees superannuating on 31.03.2020 and thereafter as per the details given under:
i. In case of CGHS pensioner beneficiaries, who contribute the subscription on annual basis and whose CGHS cards are valid till 31st March 2020 and thereafter , the validity period shall be extended till 31st July 2020 in the Data Base, by the Additional Directors City/ HQ (in Delhi) on the basis of request received over e-mail from such beneficiaries. A paper print-out may be signed and scanned copy of the same shall be sent to the beneficiary by e-mail , with a direction to submit the relevant documents and subscription before 31st July 2020.
ii. Similarly, if a request is received by e-mail from serving employees, who superannuated on 31.03.2020 and thereafter and are not in receipt of PPO, the CGHS Card may be converted as pensioner CGHS Card and validity period extended to 31st July 2020. A paper print-out may be signed and scanned copy of the same shall be sent to the beneficiary by e-mail with a direction to submit the relevant documents and subscription before 31st July 2020. Additional Director City/ HQ (in Delhi) will verify the date of superannuation from CGHS database before processing the request. If a Govt Servant superannuating on 31.03.20 and thereafter was not a member of CGHS during service then he will have to submit a proof of superannuation.
iii. The period of extension will be included when the card validity is regularized on depositing the subscription (including the subscription for the extended period).
iv. That these relaxations are being made to help the CGHS beneficiaries in view of extraordinary conditions due to COVID 19 and will not be cited as a precedence in future.
No. 40-3/2020-DM-I(A)
Government of India
Ministry of Home Affairs
North Block, New Delhi-110001
Dated 30th May, 2020
ORDER
Whereas, an Order of even number dated 17.05.2020 was issued for containment of COVID-19 in the country, for a period upto 31.05.2020;
Whereas, in the exercise of the powers under section 6(2)(i) of the Disaster Management Act, 2005, National Disaster Management Authority (NDMA) has directed the undersigned to issue an order to extend the lockdown in Containment Zones upto 30.06.2020, and to re-open prohibited activities in a phased manner in areas outside Containment Zones;
Now therefore, in exercise of the powers, conferred under Section 10(2)(1) of the Disaster Management Act 2005, the undersigned hereby directs that guidelines, as Annexed, will remain in force upto 30.06.2020.
Union Home Secretary
and, Chairman, National Executive Committee (NEC)
Guidelines for Phased Re-opening (Unlock 1)
[As per Ministry of Home Affairs (MHA) Order No. 40-3/2020-DM-I (A) dated 30th May, 2020]
1. Phased re-opening of areas outside the Containment Zones
In areas outside Containment Zones, all activities will be permitted, except the following, which will be allowed, with the stipulation of following Standard Operating Procedures (SOPs) to be prescribed by the Ministry of Health and Family Welfare (MoHFW), in a phased manner:
Phase I
The following activities will be allowed with effect from 8 June, 2020:
(i) Religious places/ places of worship for public.
(ii) Hotels, restaurants and other hospitality services.
(iii) Shopping malls.
Ministry of Health & Family Welfare (MoHFW) will issue Standard Operating Procedures (SOPs) for the above activities, in consultation with the Central Ministries/ Departments concerned and other stakeholders, for ensuring social distancing and to contain the spread of COVID- 19.
Phase II
Schools, colleges, educational/ training/ coaching institutions etc., will be opened after consultations with States and UTs. State Governments/ UT administrations may hold consultations at the institution level with parents and other stakeholders. Based on the feedback, a decision on the re-opening of these institutions will be taken in the month of July, 2020.
MoHFW will prepare SOP in this regard, in consultation with the Central Ministries/ Departments concerned and other stakeholders, for ensuring social distancing and to contain the spread of COVID-19.
Phase III
Based on the assessment of the situation, dates for re-starting the following activities will be decided:
(i) International air travel of passengers, except as permitted by MHA.
(ii) Metro Rail.
(iii) Cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places.
(iv) Social/ political/ sports/ entertainment/ academic/ cultural/ religious functions and other large congregations.
2. National Directives for COVID-19 Management
National Directives for COVID-19 Management, as specified in Annexure I, shall continue to be followed throughout the country.
Movement of individuals shall remain strictly prohibited between 9.00 pm to 5.00 am throughout the country, except for essential activities. Local authorities shall issue orders, in the entire area of their jurisdiction, under appropriate provisions of law, such as under Section 144 of CrPC, and ensure strict compliance.
4. Lockdown limited to Containment Zones
(i) Lockdown shall continue to remain in force in the Containment Zones till 30 June, 2020.
(ii) Containment Zones will be demarcated by the District authorities after taking into consideration the guidelines of MoHFW.
(iii) In the Containment Zones, only essential activities shall be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining supply of essential goods and services. In the Containment Zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required. Guidelines of MoHFW shall be taken into consideration for the above purpose.
(iv) States/ UTs may also identify Buffer Zones outside the Containment Zones, where new cases are more likely to occur. Within the buffer zones, restrictions as considered necessary may be put in place by the District authorities.
5. States/ UTs, based on their assessment of the situation, may prohibit certain activities outside the Containment zones, or impose such restrictions as deemed necessary.
6. Unrestricted movement of persons and goods
(i) There shall be no restriction on inter-State and intra-State movement of persons and goods. No separate permission/ approval/ e-permit will be required for such movements.
(ii) However, if a State/ UT, based on reasons of public health and its assessment of the situation, proposes to regulate movement of persons, it will give wide publicity in advance regarding the restrictions to be placed on such movement, and the related procedures to be followed.
(iii) Movement by passenger trains and Shramik special trains; domestic passenger air travel; movement of Indian Nationals stranded outside the country and of specified persons to travel abroad; evacuation of foreign nationals; and sign-on and sign-off of Indian seafarers will continue to be regulated as per SOPs issued.
(iv) No State/ UT shall stop the movement of any type of goods/ cargo for cross land-border trade under Treaties with neighbouring countries.
7. Protection of vulnerable persons
Persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years are advised to stay at home, except for essential and health purposes.
8. Use of Aarogya Setu
(i) Aarogya Setu enables early identification of potential risk of infection, and thus acts as a shield for individuals and the community.
(ii) With a view to ensuring safety in offices and work places, employers on best effort basis should ensure that Aarogya Setu is installed by all employees having compatible mobile phones.
(iii) District authorities may advise individuals to install the Aarogya Setu application on compatible mobile phones and regularly update their health status on the app. This will facilitate timely provision of medical attention to those individuals who are at risk.
9. Strict enforcement of the guidelines
(i) State/ UT Governments shall not dilute these guidelines issued under the Disaster Management Act, 2005, in any manner.
(ii) All the District Magistrates shall strictly enforce the above measures.
10. Penal provisions
Any person violating these measures will be liable to be proceeded against as per the provisions of Section 51 to 60 of the Disaster Management Act, 2005, besides legal action under Section188 of the 1PC, and other legal provisions as applicable. Extracts of these penal provisions are at Annexure II.
Union Home Secretary
and, Chairman, National Executive Committee
Annexure I
National Directives for COVID-19 Management
1. Face coverings: Wearing of face cover is compulsory in public places; in workplaces; and during transport.
2. Social distancing: Individuals must maintain a minimum distance of 6 feet (2 gaz ki doori) in public places.
Shops will ensure physical distancing among customers and will not allow more than 5 persons at one time.
3. Gatherings: Large public gatherings/ congregations continue to remain prohibited.
Marriage related gatherings : Number of guests not to exceed 50.
Funeral/ last rites related gatherings : Number of persons not to exceed 20.
4. Spitting in public places will be punishable with fine, as may be prescribed by the State/ UT local authority in accordance with its laws, rules or regulations.
5. Consumption of liquor, pawn, gutka, tobacco etc.in public places is prohibited.
Additional directives for Work Places
6. Work from home (WfH): As far as possible the practice of WfH should be followed.
7. Staggering of work/ business hours will be followed in offices, work places, shops, markets and industrial & commercial establishments.
8. Screening & hygiene: Provision for thermal scanning, hand wash and sanitizer will be made at all entry and exit points and common areas.
9. Frequent sanitization of entire workplace, common facilities and all points which come into human contact e.g. door handles etc., will be ensured, including between shifts.
10. Social distancing: All persons in charge of work places will ensure adequate distance between workers, adequate gaps between shifts, staggering the lunch breaks of staff, etc.
Annexure II
Offences and Penalties for Violation of Lockdown Measures
A. Section 51 to 60 of the Disaster Management Act, 2005
51. Punishment for obstruction, etc.- Whoever, without reasonable cause –
(a) obstructs any officer or employee of the Central Government or the State Government, or a person authorised by the National Authority or State Authority or District Authority in the discharge of his functions under this Act; or
(b) refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this Act,
shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years.
52. Punishment for false claim. – Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the Central Government, the State Government, the National Authority, the State Authority or the District Authority, shall, on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.
53. Punishment for misappropriation of money or materials, etc. Whoever, being entrusted with any money or materials, or otherwise being, in custody of, or dominion over, any money or goods, meant for providing relief in any threatening disaster situation or disaster, misappropriates or appropriates for his own use or disposes of such money or materials or any part thereof or wilfully compels any other person so to do, shall on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.
54. Punishment for false warning.- Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine.
55. Offences by Departments of the Government.-(1) Where an offence under this Act has been committed by any Department of the Government, the head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the Department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
56. Failure of officer in duty or his connivance at the contravention of the provisions of this Act. Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine.
57. Penalty for contravention of any order regarding requisitioning.-If any person contravenes any order made under section 65, he shall be punishable with imprisonment for a term which may extend to0 one year or with fine or with both.
58. Offence by companies.-(1) Where an offence under this Act has been committed by a company or body corporate, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. For the purpose of this section
(a) “company” means anybody corporate and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
59. Previous sanction for prosecution. – No prosecution for offences punishable under sections 55 and 56 shall be instituted except with the previous sanction of the Central Government or the State Government, as the case may be, or of any officer authorised in this behalf, by general or special order, by such Government.
60. Cognizance of offences. No court shall take cognizance of an offence under this Act except on a complaint made by-
(a) the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised in this behalf by that Authority or Government, as the case may be; or
(b) any person who has given notice of not less than thirty days in the manner prescribed, of the alleged offence and his intention to make a complaint to the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised as aforesaid.
B. Section 188 in the Indian Penal Code, 1860
188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Explanation.-It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.
Illustration
An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.
PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY B-14/A, Chhatrapati Shivaji Bhawan, Qutub Institutional Area, Katwaria Sarai, New Delhi-110016
CIRCULAR
CIR No.: PFRDA/2020/18/SUP-CRA/7
Date : May 27, 2020
To,
All stakeholders under National Pension System (NPS)
Subject: Additional Modes of e-NPS exit
eNPS offers ease of online opening of NPS account in a paperless manner. Henceforth, it has been decided to provide additional option to e-NPS subscribers to exit also from NPS through an online process. This option of exit shall be applicable for both i.e. for pre-mature as well as normal exit, in terms of provisions of the PFRDA (Exit and Withdrawal under National Pension System) Regulations 2015. The process would be implemented = shortly.
2. Under the existing offline process, the e-NPS subscriber has to approach the Bank-Point of Presence (POP) to get his withdrawal request processed by shifting his NPS account through inter-Sector Shifting (ISS) from ‘e NPS’ to the ‘Bank- POP’. Thereafter the NPS withdrawal forms along with the specified documents are required to be submitted to the Bank-POP for authorization, to enable CRA toproceed with the exit process.
3. The proposed online process of e-NPS exit would be akin to the existing online e-NPS platform already in use for opening NPS accounts by customers of Bank-POPs. In the proposed online exit process, the KYC of e-NPS subscribers shall be verified by the respective Bank POPs where these subscribers have their existing banking relationship. Banks shall also be eligible for payment of processing fees.
4. Central Record Keeping Agencies (CRAs) have been advised to develop online ‘e NPS exit functionality’ in co-ordination with Banks to facilitate the online process of exit of e NPS subscribers who are also the customers of those Banks. The process flow is provided at the Annexure A and B. The claims arising due to death of NPS Subscribers shall be handled off line by NPS Trust.
5. This circular is issued in exercise of powers conferred under section 14 of PFRDA Act 2013 and is available at PFRDA’s website (www.pfrda.org.in) under the Regulatory framework and in “Circular” sections of CRA, POPs and NPST under intermediaries.
(K Mohan Gandhi)
General Manager
Annexure -A
e-NPS withdrawal process
A. Normal/Premature exit under e-NPS:
a. An option will be available in the respective CRA website for the subscriber to submit withdrawal request. For this purpose, limited access would be provided on CRA Website to the subscriber to provide withdrawal request details and upload scanned documents.
b. The subscriber shall provide details of bank account, address etc. and upload scanned copies of his KYC documents and bank account proof.
c. The option of e-sign shall be provided to make the process paperless.
d. Once withdrawal request is successfully submitted online by the subscriber with e-sign, KYC documents shall be displayed online to Bank-POP for verification. The verification of the documents would be done by the Subscriber’s bank.
e. Once verified, the exit would be processed by the CRA. |
B. Exit from e-NPS due to death:
a. The nominee/claimants can also opt to submit the exit form to NPS Trust with the required documents after verification of his KYC by his bank. Tne nominee has to get a Bank’s KYC confirmation on bank’s letterhead containing the photo and signature of the nominee.
b. The Bank’s letter needs to be signed with seal by the designated bank official where the nominee has the bank account and where the claimants would like to receive the lump sum and/ or annuity and submit the same to NPS Trust.
c. Post receipt of duly verified documents in the manner as given in b. above, NPS Trust will authorize the withdrawal request after due diligence and after satisfying themselves about the veracity of the claim.
d. Address of NPS Trust:
National Pension System Trust,
3rd Floor, Chhatrapati Shivaji Bhawan,
B-14/A, Qutab Istitutional Area,
New Delhi -— 110016
C. Fees for processing e NPS exits to Bank-POPs
Banks shall get a fee @ 0.125% of the total NPS corpus (Minimum amount of Rs.125/- and maximum Rs, 500/-). These proposed charges to Bank— PoPs would be applicable for both online/offline KYC verification process related to eNPS exits.
D. Important Information:
The above process of e NPS exits co-exist along with the existing modes of handling of e- NPS exits.
Annexure B:
Online Superannuation & Premature Exit Withdrawal Process Flow for e-NPS Subscriber
In the Government Order first read above, among other economy measures, orders were issued to the effect that there will be a total ban on creation of new posts, with guidelines on creation of new posts in exceptional cases.
2. In the Government Order second read above, due to severe financial constraints, complete ban on creation of new posts in all Departments had been imposed, and to fill the same by re-deployment for operational purposes.
3. Considering, the prevailing situation of COVID – 19 in the State and the compelling need to regulate expenditure on emoluments, Government direct that
i) there shall be a total ban on creation of new posts in all Departments;
ii) Recruitment against existing vacant entry level posts including through compassionate ground appointment shall continue, with the approval of Staff Committee; and
iii) Promotions and recruitment by transfer shall continue as per existing procedure.
Consumer Price Index for Industrial Workers (CPI-IW) – April, 2020
The All-India CPI-IW for April, 2020 increased by 3 points and stood at 329 (three hundred and twenty nine). On 1-month percentage change, it increased by (+) 0.92 per cent between March and April, 2020 compared to (+) 0.97 per cent increase between corresponding months of previous year.
The maximum upward pressure in current index came from Food group contributing (+) 2.43 percentage points to the total change. At item level, Rice, Wheat, Wheat Atta, Arhar Dal, Moong Dal, Mustard Oil, Fish Fresh, Goat Meat, Poultry (Chicken), Brinjal, Cabbage, Cauliflower, French Bean, Green Coriander Leaves, Lady’s Finger, Palak, Potato, Radish, Tomato, Banana, Lemon, Mango (Ripe), Sugar, Cooking Gas, etc. are responsible for the increase in index. However, this increase was checked by Garlic, Onion, Parval, Petrol, Flowers/Flower Garlands, etc., putting downward pressure on the index.
Year-on-year inflation based on all-items stood at 5.45 per cent for April, 2020 as compared to 5.50 per cent for the previous month and 8.33 per cent during the corresponding month of the previous year. Similarly, Food inflation stood at 6.56 per cent against 6.67 per cent of the previous month and 4.92 per cent during the corresponding month an year ago.
At centre level, Doom-Dooma Tinsukia recorded the maximum increase of 14 points followed by Salem (12 points) and Surat (10 points). Among others, 9 points increase was observed in 2 centres, 8 points in another 2 centres, 7 points in 3 centres, 6 points in 2 centres, 5 points in 5 centres, 4 points in another 5 centres, 3 points in 11 centres, 2 points in 10 centres and 1 point in 18 centres. On the contrary, Chhindwara, Vadodara, Bhilai, Yamunanagar and Jamshedpur recorded a decrease of 1 point each. Rest of 12 centres’ indices remained stationary.
The indices of 33 centres are above All-India Index and 44 centres’ indices are below national average. The index of Rourkela centre remained at par with All-India Index.
The next issue of CPI-IW for the month of May, 2020 will be released on Tuesday 30th June, 2020. The same will also be available on the office website www.labourbureaunew.gov.in.
The Cabinet Secretary,
Government of India,
New Delhi
Dear Sir,
Sub: Freezing of Dearness Allowance to Central Government Employees and Dearness Relief to Central Government Pensioners – Hardships & legal implications thereof.
This is in continuation of our earlier memorandum cited above regarding unjust decision taken by the Government to freeze the rates of DA and DR up to July 2021, over-riding earlier decision of the Union Cabinet to grant 4% additional DA and DR from 01.01.2020, and arbitrarily changed Cabinet decision through an executive order of the MoF(DoE) vide its O.M. dated 23.04.2020 by Freezing DA and DR as on January 1, 2020. This had put the Central Government employees and Central Government Pensioners in severe hardship. Cost escalation of Essential Commodities, in the wake of Coviod-19 crisis period, has further aggravated stressful situation.
We submit the following points for your consideration:-
Hon’ble Finance Ministerhas recently announced series of financial boost-ups for Rs.20.97 lakh crores as stimulus under “Atmnirbhar Bharat Package” covering certain sectors to boost economic activities.
As a result of above mentioned economic packages, the business and rich sections of the society got motivational packages, in one form or the other, except the workers, poor people, Government Employees and Pensioners, who have to bear the brunt of the COVID-19 lockdown and its severe impact on the inflation and consequential price rise of all commodities. Instead of providing some relief to them to meet with the higher inflation, it is regrettable that, inspite of the protests by the JCM Staff Side, vide its letter cited above, the Government has not yet withdrawn its orders of 23.04.2020 to freeze DA and DR rates as on 01.01.2020 upto July 2021 and not to pay the arrears for the three installments of additional DA and DR falling due from 01.01.2020, 01.07.2020 and 01.01.2021. This has adversely affected the morale of the Employees and Pensioners, besides causing serious hardship to them and their families, especially from the lower and middle income groups.
DA and DR are the part of Pay and Pension respectively. DA and DR provide protection against erosion of Wages and Pension due to price rise and inflation. DA and DR are having great importance in wage structure for the Central Government Employees and Pensioners. All Central Pay Commissions decided pay structure by merging DA and DR with the Pay and Pension, treating them as zero from the date of implementation of its report and linking them with the revised base of Price Index from the said date of implementation of its recommendations. Subsequent rise in DA and DR installments are being released to compensate the inflation there-onwards.
The First Central Pay Commission (1946-48) recommended that, “As long as cost of living is continued to be substantially higher, some system of dearness allowance over and above pay must continue in operation”. Thereafter, every Central Pay Commissions recommended grant of DA and DR to compensate for inflation.
Third Pay Commission onwards all the Central Pay Commissions had recommended for Revision of DA and DR every six months as per percentage rise of Price Index over the base point on the date of implementation of the respective CPCs.
Moreover, DA and DR is linked with the Consumer Price Index, as already accepted by the Government, cannot be freezed.
DA and DR is the Fundamental Right of an Employee and Pensioner respectively, therefore, withholding this Compensation Package, meant for sustenance against price rise, is unacceptable under any circumstances. The government should take note that, DA and DR provision is meant to facilitate survival of the Employee and Pensioner against erosion of Wages and Pension.
In its recommendations, vide Para 8.17.37, the 7th CPC continued the same formula of revision of DA and DR every 6 months from 1st January and 1st July.The recommendations of the 7th Pay Commission were accepted by the Union Cabinet. The samecannot be changed or taken away unilaterally through an executive order.
Fair Wages Committee recommended that, “It is clearly necessary for this country to continue to pay dearness allowance to neutralize wholly or atleast substantially the increase in the cost of living”.
Payment of Salary/Pension and DA or DR thereon to an employee and Pensioner are not a matter of bounty. It is a vested right of an employee and a Pensioner to receive the salary and Pension(Pension is a deferred wage as held by the Apex Court in DS Nakara’s Case and Major General SPS Bain’s case). DA and DR are part of Salary and Pension. It is also a statutory right as it flows from the Service Rules. Right to receive Salary and Pension every month is part of the service conditions emanating from Article 309 of the Constitution of India.
In the case of State of MP Vs. Ranojirao Shinde [AIR (1968) SC 1053], it has been held that, right to a sum of money is ‘property’. In the decision in Deokinandan Prasad Vs. State of Bihar & Others [AIR 1971 SC 1409], it has been held that, right to receive pension is a property and the same cannot be taken away or withheld by a mere executive order.
Freezing of Dearness Allowance and Dearness Relief is a blatant violation of the provision of Article 360 of the Constitution of India.
Article 300A of the Constitution of India, which confers a Constitutional Right to Property, includes within its purview, salary as a right to property and as a sequel thereof, it applies to Pension and the DA and DR thereon.
It is pertinent to mention that, neither Epidemic Diseases Act 1897 nor Disaster Management Act 2005 specify or confer any power upon any Government to defer the Salary or Allowances due to its Employees and Pensioners. DA and DR cannot be denied under any circumstances.
As per Settled Law, financial difficulty is not a ground for the Government to defer or freeze the Payment of Salary/Allowances or Pension by an executive order.
It is, therefore,requested that, the O.M. dated 23.04.2020 of the Department of Expenditure, for freezing of Dearness Allowance and Dearness Relief to the Central Government Employees and Pensioners, may please be withdrawn and arrears of Additional DA and DR @ 4% w.e.f. 01.01.2020 may please be paid at the earliest as per decision of the Union Cabinet taken prior to the said O.M. on freezing of DA and DR.
In conclusion, I would like to add that, like other employees, the Central Government Employees are also equally subjected to undue hardship due to COVID-19 epedemic, and the resultant economic downfall. Many economic demands of the Central Government Employees, including the ones which are approved by the Union Cabinet, are also remaining unimplemented since Government orders are not issued, especially on revision of Night Duty Allowance and Risk Allowance on 7th CPC pay scales, and 7th CPC anomalies, including assurance given by the Group of Ministers during Strike Demand Negotiations, are all remaining unsettled. In this situation freezing DA/DR for 18 months and not paying the arrears is not at all a justified decision. As many prominent economists have suggested to the Government that, money should be given to the people, to improve liquidity and purchasing power in the market, may be considered by the Government in its true spirit, and, therefore, I once again request you to kindly bring all the above justifications for releasing Additional DA/DR to the notice of the Hon’ble Prime Minister, and a favourable decision may be taken in this regard, considering the fact that, a good number of Government Employees are working during the entire lockdown period, taking risk of not only their life, but also their family members.
Copy to: Secretary(DoP&T), Government of India, For necessary action please.
Copy to: Secretary(Exp.), Ministry of Finance(Government of India) – For necessary action please.
Copy to: Jt. Secretary(Pers.), Government of India – For necessary action please.
Copy to: Addl. Secretary(Estt.), Government of India – For necessary action please.
Copy to: Dy. Secretary(JCM), Government of India – For necessary action please.
Copy to: All Constituents of JCM(Staff Side) – For information.
File No.10-01/2020-Inspn
Government of India
Ministry of Communications
Department of Posts
(Inspection Division)
*****
Dak Bhawan, Sansad Marg,
New Delhi, dated: 26.05.2020
Office Memorandum
Subject: Inspections of Administrative and Operative Offices.
In accordance with the directions of the National Disaster Management Authority (NDMA), guidelines on lockdown measures to contain the spread of COVID-19 in all parts of the country were issued vide Ministry of Home Affairs Order no. 40-3/2020-DM-I (A) dated 24.03.2020 under the Disaster Management Act 2005 for a period of 21 days with effect from 25.03.2020. Under further directions of the NDMA, the lockdown period was extended up to 03.05.2020 vide Ministry of Home Affairs Order no. 40-3/2020-DM-I (A) dated 14.04.2020 and consolidated revised guidelines were issued vide Ministry of Home Affairs Order no. 40-3/2020-DM-I (A) dated 15.04.2020. Under further directions of NDMA, the lockdown period was extended with new guidelines for a further period of two weeks with effect from 04.05.2020 vide Ministry of Home Affairs Order no. 40-3/2020-DM-I (A) dated 01.05.2020
2. Now, under further directions of NDMA, the lockdown period has been extended with new guidelines for a further period up to 31.05.2020 from 18.05.2020 vide Ministry of Home Affairs Order no. 40-3/2020-DM-I (A) dated 17.05.2020.
3. With reference to Directorate letter no. 15-1/88-Inspn dated 29.08.1988, inspections for both Administrative & Operative Offices are to be carried out within the earmarked quarters in a calendar year as per percentage fixed i.e. 15%, 35%, 30% and 20% in the 1st, 2nd, 3rd & 4th quarters respectively.
4. Now, therefore, taking into consideration the outbreak of COVID-19 across the country, it has been decided by the competent authority that the inspections to be carried out within the earmarked quarters as per percentage fixed for Administrative and Operative Offices in the approved Annual Inspection Programme for the year 2020, will undergo a change as explained in para 5 below.
5. As 35% of offices are to be inspected during the months from April 2020 to June 2020, which has perhaps not been carried out due to Covid-19 outbreak and consequent lockdown declared throughout the country, the following guidelines are to be followed:
(i) As per extant guidelines, annual inspection should be carried out within one year from the date of last inspection. In view of the prevailing unprecedented situation, the said timeline is extended to 15 months from the date of last inspection. This is allowed strictly as a one-time measure in respect of the inspections originally scheduled to be carried out from March 2020 to December 2020 only.
(ii) 10% of the total inspections out of 35% scheduled during the 2nd Quarter of 2020 shall be carried out during the said quarter, which leaves a balance of 25% of inspections to be carried out in the 3rd Quarter.
(iii) Remaining balance of 25% of the total inspections of 2020 originally scheduled during the 2nd Quarter as mentioned in para 2 above and 10% out of 30% of the total inspections of 2020 originally scheduled during the 3rd Quarter shall be carried out during the 3rd Quarter. The revised inspection programme shall be prepared in such a manner that 35% of the total inspections of 2020 are carried out during the three months of the 3rd Quarter in the above manner.
(iv) Similarly, the balance of 20% of the total inspections of 2020 already scheduled during the 3rd Quarter and 10% of the total inspections of 2020 scheduled during the 4th quarter shall be carried out during the 4th Quarter. In other words, 30% of the total inspections of 2020 shall be carried out during the three months of the 4th Quarter in the above manner. This leaves a balance of 10% of inspections originally scheduled for 4th Quarter of 2020.
(v) Remaining 10% of the total inspections of 2020 already scheduled during the IVth Quarter shall be carried forward to the first Quarter of 2021.
(vi) Inspection programme at all levels shall be revised and submitted for approval of the competent authority on or before 31.05.2020.
(vii) Time limit for submission of Inspection Reports shall continue as per the extant instructions.
(viii) Staggering of inspections shall be applicable to inspection programmes of all inspecting authorities of the Sub Division/Division/RO/CO (i.e. Sub Divisional Heads, Divisional heads, DPS, PMG, CPMG).
(ix) Orders for change in the inspection programme of 2020 of Members PSB and Addl. DG (Coord.) will be issued separately.
6. For convenience of understanding, the following is illustrated and tabulated:
Quarter
Months
%age of inspections originally scheduled in 2020
%age of revised inspections scheduled in 2020
%age of revised inspections scheduled in 2021
(a)
(b)
(c)
(d)
(e)
I
January – March
15
15
(No change)
25
(10 C/F of 2020 + 15 of 2021)
II
April – June
35
10
35
III
July – September
30
35
30
IV
October-December
20
30
20
Total
100
90
110
Note: (i) Half yearly verification of balances of GPOs/ Head Post Offices however will undergo no change in schedule and will be carried out as per the guidelines on the subject.
(ii) From 2022 onwards, the percentage of distribution of inspections will be as per column (c) above.
(iii) The inspections if any, that could not be carried out in March 2020 due to lockdown from 25.03.2020 may be completed in the quarter ending June-2020.
7. In respect of Post Offices (inspection of which are carried over to the next quarter), the Inspecting Officers shall scrutinize the financial transactions of the Post Offices from the data available in SAP. Any abnormal variations in cash flow/ transactions and cash management may be examined thoroughly, documented and brought to the notice of the competent authority. Shortcomings, if any, found may be followed up immediately.
8. Modified timeline with respect to the number of days of inspection to be followed in respect of the following Offices is given below for strict adherence:
Category/th>
Prescribed days of inspection
Modified days of inspection
(a)
(b)
(c)
GPO/HO Annual Inspection
8
6
GPO/HO Verification
4
3
SO (HSG I/II) and MDG
4
3
SO LSG and MDG
3
2
Note: (i) The inspecting officer shall inspect the office with all the basic data regarding transactions and balances extracted from SAP before commencing the inspection.
(ii). However for non-CSI offices, the prescribed number of days for inspections will continue to be as per the existing instructions i.e. column (b) above.
2. Notwithstanding the above guidelines, inspections of bad / fraud prone offices shall be carried out by the inspecting officers strictly within the stipulated timelines.
3. CPMG, PMG, DPS, Divisional & Sub Divisional Heads may continue with the visits to the field offices (Postal & RMS) as per existing guidelines.
This issues with the approval of the competent authority.
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