Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt – 110010
No. AN/XIV/14143/NPS/DAD/Vol.II
Dated: 25.02.2020
IMPORTANT CIRCULAR
To
All PCSDA/CsDA/PCA (Fys)
(Through CGDA Website)
Sub : Coverage under CCS (Pension) Rules 1972 in place of NPS for employees whose selection for appointment was finalized before 01.01.2004 but who joined Government service on or after 01.01 .2004.
A Copy of Government of India, Department of Pension and PW OM No. 57/04/2019-P&PW/(B) dated 17th February 2020 on the above subject is forwarded herewith for your information, guidance and compliance please. The OM may please be circulated within your organization and sub-offices for information of all the officers and staff members.
2. The instructions/ conditions laid down in the OM may please be strictly checked and confirmed from the service records of the individuals before processing the eligible cases.
3. Further, the timeline of 31.05.2020 given by the DoP&PW to the entitled individuals to exercise their option may please be adhered to.
Re-classification of Mathura Vrindavan Municipal Corporation as ‘Y’ class city for HRA
No, 2/412018-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure
Dated, the 25th February, 2020
North Block, New Delhi
OFFICE MEMORANDUM
Subject :- Re-classification of Mathura Vrindavan Municipal Corporation as ‘Y’ class city for the purpose of grant of House Rent Allowance (HRA) – regarding.
The undersigned is directed to invite attention to this Ministrys O.M. No.2/5/2014-E.II(B) dated 21.07.2015 regarding re-classification/upgradation of cities on the basis of the population figures of 2011 census for the purpose of House Rent Allowance to the Central Government employees and to say that consequent upon combining of Municipal Council of Mathura and Municipal Council of Vrindavan and constitution of Mathura-Vrindavan Municipal Corporation vide Notification No.1799/9-7-17-8(Seema Vistar)/2016 dated 12.05.2017 of the Government of Uttar Pradesh, resulted in increase in .population and hence, Mathura-Vrindavan Municipal Corporation qualifies for classification as ‘Y class city/town for the purpose of grant of House Rent Allowance to the Central Government employees.
2. It has been decided that Mathura-Vrindavan Municipal Corporation shall stand classified as ‘Y class city/town for the purpose of grant of House Rent Allowance to the Central Government employees posted there,
3. These orders shall be effective from 1st March, 2020
4. The orders will apply to all civilian employees of the Central Government. The orders will also be applicable to the civilian employees paid from the Defence Services Estimates. In respect of Armed Forces personnel and Railway employees, separate orders will be issued by the Ministry of Defence and the Ministry of Railways, respectively.
5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued after consultation with the Comptroller & Auditor General of India, as mandated under Article 148(5) of the Constitution,
(Nirmala Dev)
Deputy Secretary to the Government of India
CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH: BANGALORE
ORIGINAL APPLICATION NO.170/01707/2018
DATED THIS THE 31st DAY OF JANUARY, 2020
HON’BLE DR.K.B.SURESH, JUDICIAL MEMBER
HON’BLE SHRI C.V.SANKAR, ADMINISTRATIVE MEMBER
M.Lingaraju
S/o H.Manchaiah
Aged about: 59 years
Working as MTS
Basavanagudi HO
Bangalore-560004.
Residing at: No.117, II Main
III Cross, Kastribadavane
Kamalanagar
Bangalore-560079.
….Applicant
(By Advocate Sri P.Kamalesan)
Vs.
1. Union of India
Reptd by Director General of Posts
Department of Post Dak Bhavan
New Delhi-110001.
2.Post Master General
Bangalore Region
Bangalore-560001.
3.Chief Post Master General
Karnataka Circle
Bangalore-560001.
4.Senior Superintendent of Post Offices
Bangalore South Division
Bangalore-560001.
5.Senior Post Master
Basavanagudi HO
Bangalore-560004.
….Respondents
(By Advocate Sri M.Vasudeva Rao, Sr.PC for CG )
ORDER (PER HON’BLE SHRI C.V.SANKAR, MEMBER (ADMN)
The case of the applicant is that he was engaged as a casual labour during the year 1984 and conferred temporary status from 1.12.1989. After completion of 3 years as Temporary status casual labour, he was treated on par with Group-D status from 1.12.1995 and he was posted as LR Group-D at Basavanagudi HO from 23.1.2009 and placed under new pension scheme. Aggrieved by placing him under new pension scheme, the applicant has filed OA.No.1436/2014 which was allowed by this Tribunal vide order dtd.16.6.2015 holding that the applicant was eligible to be placed under CCS Pension Rules 1972(Annexure-A1). The respondents challenged the said order before the Hon’ble High Court of Karnataka in WP.No.54224/2015 which was dismissed by the High Court vide order dtd.1.2.2016(Annexure-A3). Thereafter, the 3rd respondent issued orders dtd.1/4.7.2016 to comply with the orders of this Tribunal(Annexure-A4). The 4th respondent issued order dtd.22.7.2016 to modify the date of appointment of the applicant from 23.1.2009 to 1.12.1995(Annexure-A5). The applicant was granted 1st financial upgradation under MACP w.e.f. 1.9.2008 vide Memo dtd.16.8.2016 of the 4th respondent(Annexure-A6). Vide Memo dtd.16.8.2016, the applicant was granted 2nd MACP w.e.f. 17.12.2015. Thereafter, the 4th respondent issued orders dtd.12.2.2018(Annexure-A8) for modifying the date of appointment of the applicant from 1.12.1995 to 10.1.2012 and order dtd.3.7.2018(Annexure-A9) for withdrawing the 1st and 2nd MACPs. Then the applicant submitted a petition to the Secretary, Dept. of Posts, New Delhi on 4.7.2018 against the orders of the 4th respondent(Annexure-A10). Thereafter, the 5th respondent issued an order dtd.10.7.2018(Annexure-A11) to the applicant directing to credit the overpaid pay and allowances working out to Rs.2,06,491/- from 1.9.2008 to 30.6.2018 due to withdrawal of 1st & 2nd MACPs. The applicant submitted representation dtd.16.7.2018(Annexure-A12) requesting not to resort to any recovery. But the 5th respondent resorted to effecting recovery at the rate of Rs.5000/- per month from the salary of June, 2018(Annexure-A13). The applicant submits that the Hon’ble Apex Court in Civil Appeals No.1855-1857/1971 held that promotion/upgradation made on permanent basis and so reversion of the promoted/upgraded incumbents is violative of Article 311(2) of the Constitution of India(AnnexureA14). In Civil Appeal No.11527/2014(State of Punjab vs. Rafiq Masih), the Hon’ble Apex Court has declared that any recovery from Group C and D is impermissible in law(Annexure-A15). The applicant submits that the financial upgradations were withdrawn unilaterally without providing any opportunity of hearing which is in violation of principles of natural justice. Therefore, the order of modifying the date of appointment, withdrawing the financial upgradations under MACP and the order of recovery are arbitrary and unsustainable under law. Accordingly, the applicant has filed the present OA seeking the following relief:
WP-18030-2019
RAJENDRA PRASAD TIWARI Vs THE STATE OF MADHYA PRADESH
Jabalpur, Dated : 03-12-2019
Shri Prashant Singh, learned senior counsel assisted by Shri Anshul Tiwari, learned counsel for the petitioner.
Shri Deepak Kumar Singh, learned Government Advocate for the respondents-State.
Heard.
The petitioner has filed this petition under Article 226 of the Constitution of India seeking following relief:
(i) To issue a writ in the nature of mandamus by directing the respondents to pay the annual increment fell due on 01.07.2015 to the petitioner.
(ii) To direct the respondents to pay the annual increment i.e. pay scale of 20440-5400 and arrears due from 01/07/2015 with interest of 6% per annum.
(iii) To grant any other relief, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation in favour of the petitioner.
On 30.09.2019, learned counsel for the respondents was granted time to seek instructions as to how the petitioner can be refused the benefit of grant of annual increment which is to be added on 1st of July of every year, but, no response has been filed.
The petitioner was retired from service w.e.f. 30.06.2015. The increment, which was to be granted on 1st of July, 2015 was denied to him on the ground that he retired on 30.06.2016 and was not in service on 1st of July, 2015.
Learned counsel for the petitioner has relied upon a decision of the Madras High Court in the case of P. Ayyamperumal vs. The Registrar, Central Administrative Tribunal and others-WP No.15732/2017 decided on 15.09.2017, which was later on affirmed by the Supreme Court. Considering the law laid down by the Division Bench of the Madras High Court it is clear that the petitioner cannot be denied the increment which was due on 01.07.2015 merely because he got retired on 30.06.2015, since he has completed full years of service and was eligible to get the said increment. Since the case on which the petitioner is placing reliance is squarely covered with the case of the petitioner, nothing is required to be adjudicated in this petition.
Accordingly, the petition is allowed directing respondents to extend the benefit of annual increment to the petitioner which was due on 01.07.2015 and accordingly the retiral dues of the petitioner be revised and he be also paid arrears within a period of three months from submitting certified copy of this order.
Accordingly, this petition stands allowed and disposed of.
No.23011/1/2020 -Pol.III/50
Government of India
Ministry of Housing & Urban Affairs
Directorate of Estates
Nirman Bhawan, New Delhi
Dated : 17.02 .2020
OFFICE MEMORANDUM
Subject: Upgradation of excess Type-I quarters to type-II and construction of new quarters by demolition Type-I Quarters declared as unsafe or not viable for upgradation/economical for repair -reg.
The undersigned is directed to say that during presentation on Directorate of Estates made on 21.01.2020, it was observed that the Type-I quarters are not in much demand and on declining trend. In this regard, Secretary(HUA) desired that a proposal may be put up for upgradation of Type-I quarters to Type-II Quarters by constructing one additional room wherever feasible, and also to construct new Type-II and above Quarters by demolishing those Type-I Quarters which have been declared as unsafe or otherwise, not economically viable for repair/expansion.
2. In view of the above, Works Division, MoHUA is requested request look into the matter and direct CPWD to submit their report on:
(i) Feasibility to upgrade the vacant Type-I Quarters or Type-I Quarters in a particular area into Type-II Quarters.
(ii) Demolition of unsafe Type-I accommodation or those Type-I Accommodation which are are unsafe or not economical for repair in a particular area and to construct other types of accommodation in their place.
(M.C. Sonowal)
Deputy Director of Estates (Policy)
Enhancement of ceiling of Payment of Gratuity to the employees of NVS from Rs.10.00 lacs to Rs.20.00 lacs
Navodaya Vidyalaya Samiti
Ministry of Human Resource Development
Government of India
(Department of School Education & Literacy)
B-15. Institutional Area. Sector-62 Noida
Gautam Budh Nagar, Uttar Pradesh -201209
NOTIFICATION
Sub:- Enhancement of ceiling of Payment of Gratuity to the employees of NVS from Rs.10.00 lacs to Rs.20.00 lacs.
It is hereby notified that the ceiling limit of Gratuity has been enhanced from Rs.10.00 lacs to Rs.20.00 lacs with effect from 29.03.2018 in respect of the employees who joined NVS prior to 01.01.2004.
It is also notified that the NVS-Payment of Gratuity Rules, 2007 hither to in operation has been scrapped. Henceforth, the Payment of Gratuity, as amended from time to time under Payment of Gratuity Act, 1972 ( amended in 2018) will be applicable for employees of NVS who joined NVS prior to 01.01.2004.
This has the approval of the Ministry as communicated vide letter No. F.No. 17-30/2018-UT-3 dated 11.02.2020.
Passes / PTOs to Railway Servants – Railway Board Order
RBE No.24/2020
Advance Correction Slip No.84
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(W)2016/PS5-1/9
New Delhi, dated 21.02.2020
The General Managers (Personnel & Commercial)
All Zonal Railways &
Productions Units.
Sub: Amendment in the Railway Servants (Pass) Rules, 1986 (Second Edition-1993) [RSPR-1986] to provide for issuance of Passes/PTOs in digitized/electronic mode.
In order to enable issuance of all kinds of Passes/PTOs to Railway Servants as well as to non-Railway Servants (wherever applicable) in digitized/electronic mode, it has been decided with the approval of the Competent Authority to amend Rule 4 of the RSPR-1986. Accordingly, Rule 4 of RSPR-1986 is hereby substituted as per following:-
“4. Kinds of Passes:
(1) A railway servant or the entitled members of his/her family and dependent relatives as defined in these Rules may be issued the following kinds of passes, namely:
(i) Duty Pass;
(ii) Privilege Pass including passes while on deputation;
(iii) School Pass;
(iv) Post-Retirement Complimentary Pass;
(v) Widow Pass;
(vi) Residential Card Pass; and
(vii) Special Pass.
(2) The Passes specified in sub-rule (1) and PTOs may be issued in the form of:-
(i) Metal Pass; or
(ii) Card Pass; or
(iii) Cheque Pass; or
(iv) Electronic format as prescribed in relevant administrative instructions issued by Ministry of Railways (Railway Board).
(3) In case of passes (i.e. Complimentary etc.) being issued to non-Railway Servants, the form (i.e.. Electronic/otherwise) shall be as prescribed in relevant administrative instructions issued by Ministry of Railways (Railway Board).”
2. This issues with •the concurrence of the Finance Directorate of the Ministry of Railways.
(V.Muralidharan)
Dy, Director Estt. (Welfare)-I
Railway Board
PCDA Circular 210 : Exemption from Income Tax – Service Element and Disability Element of disability pension granted to disabled personnel of Armed Forces – reg.
Principal Controller of Defence Accounts (Pensions) Allahabad
CIRCULAR No.210
No.AT/Tech/228/Vol-IX
Date – 20.02.2020
To
1. The Chief Accountant, RBI,Deptt. Of Govt.Bank Accounts Central office C-7,Second Floor, Bandre-Kurla Complex, P.B No.8143,Bandre East Mumbai-400051
2. The Director of Treasuries of all States
3. The A.G.Ms, CPPCs of all Public Sector Banks including IDBI
4. The Nodal Officers (ICICI/AXIS/HDFC Bank)
5. The CDA(PD),Belvidere Complex,Audhpath, Meerut Cantt-10
6. The CDA(PD) Chennai
7. Pay & Accounts Officers
8. Military and Air Attache, Indian Embassy Kathmandu, Nepal
9. The all D.P.D.Os
10. Director of Accounts
11. The Post Master Kathua (J&K)
Sub :- Exemption from Income Tax- Service Element and Disability Element of Disability Pension granted to disabled personnel of Armed Forces who have been invalided out on account of Disability attributable to or aggravated by Military/AF.Navy service.
Ref:-1.Govt. of India, Min. of Finance, Deptt. of Revenue, Central Board of Direct Taxes F.No. 200/51/99-ITA-1 dated 06th May,2000 and dt-02.07.2001 circulated vide this office Circular No.95 dt- 04.09.2001.
2. Govt. of India, Min. of Finance, Deptt. of Revenue, Central Board of Direct Taxes Circular No.13/2019, F.No.173/250/2019-ITA-I dated 24th June,2019.
*****
Clarification issued on the subject by the Govt. of India, Min. of Finance, Deptt. of Revenue, Central Board of Direct Taxes vide their Circular No. 13/2019, F.No. 173/250/2019-ITA-I dated 24th June, 2019 is reproduced for dissemination, guidance and necessary action at the end of all concerned.
Revision of pension of Pre-01.01.2006 retiree Havildar granted Hony Rank of Nb Subedar
No. 1(13)/2016/D(Pen/Policy)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi, dated 21st February, 2020
To
The Chief of the Army Staff
Subject : – Revision of pension of Pre-01.01.2006 retiree Havildar granted Hony Rank of Nb Subedar.
I am directed to refer to this Ministry’s letter No.1(8)/2008-D(Pen/Policy) dated 12.06.2009 according to which “Honorary rank of Naib Subedar granted to Havildars will be notionally considered as a promotion to the higher grade of Naib Subedar and benefit of fitment in the pay band and the higher grade pay will be allowed notionally for the purpose of fixation of pension only.” This provision was applicable for Havildars granted Hony rank of Naib Subedar retired on or after 01.01.2006.
2. A section of Pre-2006 retiree Havildars granted Hony rank of Naib Subedar approached various courts for implementing the provision of this Ministry letter dated 12.06.2009 in their cases. Hon’ble AFT Chandigarh vide their order dated 27.10.2017 in OA No. 2755 of 2013 filed by Ex Havildar (Hony Nb Sub) Hoshiar Singh, allowed the benefit of GoI, MoD letter No. 1(8)/2008-D(Pen/Policy) dated 12.06.2009 to all Pre- 2006 Havildars granted Hony rank of Naib Subedar w.e.f. 01.01.2006. Further, pension revision tables for Hony Naib Subedars in pursuance of Govt. policy letter dated 08.03.2010 and 17.01.2013 were also quashed and respondents were directed to prepare these tables afresh taking into account the aspect that the benefit under GoI, MoD letter dated 12.06.2009 was to be granted.
3. The issue has been examined in the Ministry and undersigned is directed to say that Government has decided to implement the Hon’ble AFT Chandigarh order dated 27.10.2017 referred above. The provision of GoI, MoD letter No. 1(8)/2008- D(Pen/Policy) dated 12.06.2009 is hereby extended w.e.f. 01.01.2006 to Pre-2006 retiree Havildars who were granted Hony rank of Naib Subedars.Further, as per the directions of Hon’ble Court the tables meant for Hony Nb Subedar for implementation of GoI, MoD letter No. PC 10(1)/2009-D(Pen/Pol) dated 08.03.2010 and GoI,MoD letter No. 1(13)/2012/D(Pen/Policy) dated 17.01.2013 circulated vide PCDA (P), Allahabad Circular No. 430 dated 10.03.2010 and Circular No. 501 dated 17.01.2013 respectively are hereby quashed. However, to extend the benefits of these Govt. orders tables are hereby prepared afresh and attached with this letter.
4. All Pension Disbursing Agencies handling disbursement of pension to Defence pensioners are hereby authorized to carry out revision of service pension/special pension/invalid pension/service element of disability pension w.e.f. 01.01.2006, 01.07.2009 and 24.09.2012 to the affected pensioners in the category of Pre-01.01.2006 retiree Havildar granted Hony rank of Naib Subedar drawing pension with 15 years or more qualifying service in terms of these orders without calling for any application from the pensioners and without any further authorization from the PCDA (Pension), Allahabad and pay the arrears on account of such revision. If rate of pension mentioned in various orders issued earlier by this Ministry in respect of Hony. Nb Subedar happens to be more beneficial than the rates as per attached tables, then the same will not be revised to the disadvantage of the pensioners.
5. No arrears on account of revision of pension based on notional fixation of pay shall be admissible for the period prior to 01.01.2006.
6. Pension of Hony Nb Subedars who are in receipt of Special Pension, Invalid Pension and Service Element of Disability Pension for less than 15 years of qualifying service would also need to be revised in terms of these orders. However, Pension Disbursing Agencies shall refer such cases to the PCDA (Pension), Allahabad for issuing of Corr. PPO.
7. No commutation of pension will be admissible on additional amount of pension accruing as a result of revision under these orders.
8. Notional fixation of pay in terms of these orders will not affect the entitlement of retirement Gratuity already determined and paid with reference to rules in force at the time of discharge/invalidment.
9. Any overpayment of pension coming to the notice or under process of recovery shall be adjusted in full by the Pension Disbursing Agencies against arrears becoming due on revision of pension on the basis of these orders.
10. If a pensioner to whom the benefit accrues under the provisions of this letter has died/ dies before receiving the payment of arrears, the Life Time Arrears of pension (LTA) shall be paid as usual manner.
11. All other terms and conditions of this Ministry letter No.PC 10(1)/2009- D(Pen/Pol) dated 08.03.2010 and No.1(13)/2012/D(Pen/Pol) dated 17.01.2013 shall remain unchanged.
12. Ministry of Finance, Department of Expenditure has concurred the proposal with following conditions:
(i) The revised pension of an honorary rank Naib Subedar who had retired before 01.01.2006 shall not exceed that of an honorary rank Naib Subedar who retired on or after 01.01.2006.
(ii) The revised pension of an honorary rank Naib Subedar who had retired before 01.01.2006 shall not exceed that of a regular Naib Subedar who retired either before or after 01.01.2006.
13. This issues with the concurrence of M/o Finance, D/o Expenditure vide their ID No. 1(13)/EV/2019 dated 05.02.2020 and the Finance Division of this Ministry vide their ID No. 10(06)/2012/Fin/Pen dated 20.02.2020.
14. Hindi Version will follow.
(Ashok Kumar)
Under Secretary to the Govt. of India
Revision of the rates of Deputation (Duty) Allowance – DOT Circular
F No.6-23(04)/2019-PAT
भारत सरकार /Government of India
संचार मंत्रालय /Ministry of Communications
दूरसंचार विभाग /Department of Telecommunications
Sanchar Bhawan, 20, Ashoka Road,
New Delhi -110001
Dated: 19/02/2019
CIRCULAR No. 107
Subject : Revision of the rates of Deputation (Duty) Allowance/pay fixation on appointment in the Personal Staff of Ministers – regarding
The undersigned is directed to forward herewith a copy of Ministry of Personnel, PG & Pensions, Department of Personnel and Training OM No. 2/8/2018-Estt.(Pay-II) dated 7 February, 2019 on the subject cited above for information / necessary action.
Encl: As above.
(Patanjali Prakash)
Assistant Director General (PAT)
