Allocation of Work and Staff between Dept of Defence and newly created Dept of Military Affairs
F.No 38(1)/2020-D(0&M)
Ministry of Defence
Department of Defence
New Delhi,
Dated the 09th January, 2020.
ORDER
Sub: Allocation of Work and Staff between Department of Defence and newly created Department of Military Affairs.
Cabinet Secretariat vide its notification No.1/21/17/2019-Cab dated 30.12.2019 has amended the Government of India (Allocation of Business) Rules, 1961 to create a new Department viz. Department of Military Affairs (DMA) in the Ministry of Defence. The Second Schedule to the said Rules has also been amended allocating the subjects between the Department of Defence and Department of Military Affairs.
2. Accordingly, with immediate effect, the work as mentioned in the Annexure to this Order stands transferred to Department of Military Affairs from the Department of Defence. Two posts of Joint Secretary, 13 posts of DS/Director, 25 posts of Under Secretary and 22 Section Officers along with supporting staff stands transferred to the Department of Military Affairs.
3, Further, the Secretariat for Defence Acquisition Council (DAC) presently under the DCIDS (PPRFD) vertical of HQIDS will be shifted to the DG, Acquisition Wing of DOD.
4, Notwithstanding the above distribution, any matter which has an import on the Defence Policy has to be dealt by DOD.
5. This issues with the approval of Defence Secretary.
Kendriya Vidyalaya Sangathan vide office-order of even number dated 08.03.2019, conveyed the approval of Government of India, for establishing 50 new Kendriya Vidayalas under Civil Sector with the stipulation that the sponsoring authority concerned is required to transfer the identified and demarcated land and also to give possession of the same to KVS prior to opening of the new Kendriya Vidyalaya. Kendriya Vidyalaya Namsai, District – Namsai (Arunachal Pradesh) is one of the 50 new Kendriya Vidyalayas sanctioned.
Since the land in the matter of this Kendriya Vidyalaya has been transferred by the Sponsoring Authority in favour of Kendriya Vidyalaya concerned, sanction of the Commissioner, KVS is hereby conveyed to start a new Kendriya Vidyalaya under Civil Sector with immediate effect, at the following location:-
S. No.
Name of Kendriya Vidyalaya
Kendriya Vidyalaya will be made functional at:
1
Namsai, Distt. Namsai (Arunachal Pradesh)
Kendriya Vidyalaya Namsai, Behind Buddha Vihar, Post Namsai, Distt. Namsai, Arunachal Pradesh, Ph: 792103
The above Vidyalaya will start functioning from class I to V (single section in each class) during the academic year 2020-21 and thereafter will grow consequently based on feasibility.
The admission process may be completed according to the schedule of admission prescribed for the academic year 2020-21.
Cabinet approves Closure of Hindustan Fluorocarbons Limited (HFL), a Central Public Sector Enterprise (CPSE) under Department of Chemicals & Petrochemicals
The Cabinet Committee on Economic Affairs, chaired by Prime Minister Shri Narendra Modi, has given its approval as under:
(i) Shutting down the operations of the plant/unit of Hindustan Fluorocarbons Limited (HFL) and closure of the company.
(ii) Separating the employees rendered surplus through VRS/VSS, after payment of all their outstanding salary/wages and statutory dues, except for the skeletal staff required to implement the closure of the company. Employees not opting for VRS will be retrenched as per Industrial Disputes Act.
(iii) Grant of interest free loan of Rs.77.20 crore by the Govt. to HFL for expenditure exclusively on closure of HFL viz. implementation of VRS/VSS, payment of outstanding salary & statutory dues, etc. and salary/wages and administrative expenses of HFL’s skeletal staff to be retained for implementing the closure of HFL.
(iv) Above interest free loan of Rs.77.20 crore is to be repaid to Gol from the disposal of land and other assets of HFL after settling all closure related liabilities. If the land/ assets sale proceeds are not sufficient to repay the loan amount, then the balance loan amount is to be written off.
(v) After repayment of the loan of Rs.77.20 crore and settlement of all other closure related liabilities of HFL, surplus proceeds from disposal of land and assets will be used for repayment of HFL’s outstanding Gol loans (Rs.15.80 crore) and interest, with freezing of interest up to 31.03.2019. Full or part of the principal loan amount and interest thereon remaining unpaid due to insufficient sale proceeds is to be written off/waived.
(vi) Appointment of NBCC (India) Ltd. as Land Management Agencies (LMA) for facilitating disposal of HFL’s land assets subject to outcome of the decision of Telangana Govt./TSIIC on purchasing land of HFL.
(vii) Disposal of plant/machinery and movable assets will be done by HFL through e-auction by MSTC Ltd.
HFL has only one plant/unit located at Rudraram, District Sangareddy in Telangana.
Financial Implications:
Financial implications of the proposal for closure of HFL involves providing financial support of Rs.77.20 crore (cash) to HFL in the form of interest free loan for settling closure related liabilities of HFL viz. (a) implementation of VRS/VSS, payment of outstanding salary & statutory dues, payment of suppliers/contractors/utilities dues and repayment of SBI working capital credit and (b) salary/wages and administrative expenses of HFL skeletal staff to be retained for implementing the closure plan for two years. Above interest free loan is proposed to be repaid from the proceeds of the disposal of land and other assets of HFL after settling all the liabilities relating to closure of the company. If the land / assets sale proceeds are not sufficient to fully repay the loan amount, then the balance loan amount is to be written off.
Implementation schedule:
Taking date of receipt of CCEA approval as ‘T’-
Notice to Employees for VRS/VSS: T+10 days.
Request for budgetary support / bridge loan from D/o Expenditure: T+15 days.
Approval by HFL and HOCL Board and shareholders and information of the decision to BSE: T+80 days.
Settlement of salaries/ wages and statutory dues of employees and separation of employees through VRS/VSS (except skeletal staff and those not opting for VRS/VSS): T+120 days.
Retrenchment of employees not opting for VRS/VSS: T + 180 days.
Disposal of movable assets/ plant & machinery through e-auction by MSTC: T+ 180 days.
Disposal of land assets through NBCC (LMA) subject to decision of Telangana Govt. on purchasing the land: T+ 240 days.
Application to SEBI/BSE for exit option to shareholders and Voluntary winding up and Delisting under provisions of Companies Act, Insolvency & Bankruptcy Code and SEBI regulations: T + 400 days.
Impact:
With unviable scale of operations, very old plants & technology and only one revenue earning product (HCFC-22) but of no strategic significance, sustainable revival of HFL is not economically viable. Moreover, the inevitable reduction in HCFC-22 quota of HFL in 2020 will make the company’s operations completely non-viable from March, 2020 onwards. Closure of the company’s operations will not only avoid any future risks / liabilities but also protect the interest and welfare of HFL employees by separating them through VRS/VSS. Thereafter, disposal of the company’s land assets will enable their redeployment for more productive use which can attract both domestic and foreign investments. However, interest and welfare of employees rendered surplus will be protected by payment of all their outstanding salary & statutory dues and giving VRS / VSS compensation to them as per DPE guidelines.
Background:
Hindustan Fluorocarbons Limited (HFL) is a subsidiary company of Hindustan Organic Chemicals Ltd. (HOCL), a Central Public Sector Enterprise (CPSE) under the administrative control of the Department of Chemicals and Petrochemicals. HFL is engaged in the manufacture of Poly Tetra Fluoro Ethylene (PTFF) and Chloro Di Fluoro Methane (HCFC-22 or CFM-22). The company has been making losses since 2013-14 and has negative net worth. As on 31.3.2019, it had accumulated losses of Rs.62.81 crore and negative net worth of (-)Rs.43.20 crore. It was also registered with the erstwhile Board for Industrial and Financial Construction (BIFR) as a sick company.
HFL manufactures HCFC-22 and also uses the same for conversion to PTFE. Due to uneconomic plant capacity and old technology, conversion of HCFC-22 to PTFE is not financially viable and the company is constrained to sell higher quantity of HCFC- 22 directly as refrigerant gas. Under the provisions of Montreal Protocol on phasing out of ozone depleting substances, HFL’s HCFC-22 non-feedstock production quota is only about 392 MT per calendar year which was enhanced to 1100 MT during the last 3 years by the Ministry of Environment Forest & Climate Change (MoEFCC) based on the exemption request of this Department. The HCFC-22 quota is to be reduced further by 25% from calendar year 2020 and the MoEFCC is not likely to agree to any further exemptions for HFL. The reduced HCFC-22 quota of about 282 MT would be sufficient for plant operations only up to March / April, 2020, and, thereafter, HFL would be forced to shutdown its plant for the remaining months of the year. Since HFL’s operations are not likely to be sustainable after March, 2020 onwards, it is necessary to expeditiously close down the operations of the company and separate its employees through VRS/VSS.
Bipartite Talks with IBA on 13th Jan 2020 – Meeting Minutes
BANK EMPLOYEES FEDERATION OF INDIA
Circular No.01/2020
To all Units, Office Bearers, CC & GC Members
13th January 2020
Dear Comrade,
Bipartite Talks
Another round of negotiations for 11th Bipartite settlement took place on 13th instant at Mumbai. Representatives of 9 constituents of UFBU were present. On behalf of BEFI, the undersigned attended the meeting. IBA negotiating team was led by Mr Rajnish Kumar, Chairman , IBA.
IBA initially did not improved their offer of 12%. As UFBU didn’t accept the offer, IBA revised their offer finally to 12.25% with loading of 2%. This revised offer was also not accepted, which has been informed by UFBU to IBA.
IBA turned down the demand for Merger of Special Allowance with Basic Pay. IBA took similar stance in matter of 5 day banking.
IBA revised their offer on PLI for the third time. The offer is on Year to Year increase in Operating Profit divided into 3 slabs ranging from 5% to more than 15%, linking the upper two slabs (10% to 15% and more than 15%) with Net Profits.
IBA did not agree to our demand of increasing the number of days for encashment of leave at the time of retirement. IBA proposed for 5 days encashment of PL per year in addition to LFC. Employees with less than 5 years of service left will be able to encash 7 days’ leave per year.
So far improvement of Family Pension is concerned, IBA reiterated that recommendation has been sent to the Government and in regard to Updation of Pension IBA told that the issue can be discussed only after calculation of the cost.
After discussing the financial offers of IBA amongst the constituents, UFBU expressed its inability to accept the same. Thereafter UFBU meeting was held as scheduled and decisions were taken to launch agitations and Strike actions. Detailed Circular in this regard will be issued separately.
Filling up the post of Instructors in recognized Training Institutes
RBE No. 04/2020
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No.E(NG)I/2017/PM 1/11
New Delhi, dated January 14, 2020
The General Managers (P)
All Zonal Railways &
Production Units,
(as per standard mailing list).
Sub : Filling up the post of Instructors in recognized Training Institutes — clarification — reg.
Reference detailed guidelines regarding filling up the posts of Instructor in recognized Training Institutes, issued vide letter of even number dated 13.05.2019.
In the context of the aforesaid guidelines, one of the Zonal Railways has sought the following clarifications:
(a) Whether an employee should obtain minimum qualifying marks of 60% separately in the written examination as well as in the class room lecture trial;
(b) Whether the 60% qualifying marks is on the aggregate of written examination and class room trial.
(c) Clarification on the criteria of drawing final panel may be given duly indicating the weightage/ marks to be given for service record viz. Service Register, Qualifications APARs etc.
The matter has been examined and it is clarified that on the analogy of provisions contained in Para 219(j)(ii) and (iii) of IREM Vol.I, all those candidates who score not less than 60% marks in the written test (professional ability), should be called for class room lecture trial, and the final panel should be drawn in the order of seniority from amongst those who secure a minimum of 60% marks in the professional ability and 60% marks in the aggregate.
As regards the allotment of marks under the heads “Written Test” and “Classroom lecture trial” in the instructions dated 13.05.2019 ibid, which is a deviation from the IREM provisions, it is clarified that it was a conscious decision taken by the Board (MS), and hence there is no need for review in this regard.
This also disposes of Southern Railway’s letter No.P(R)608/P/Vol.X dated 13.12.2019.
Please acknowledge receipt.
Sd/-
(D. Joseph)
Joint Director/Establishment (N)
Railway Board
Filling up of vacant posts in Central Government Ministries / Department
FNo.43014/03/2019- Estt(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi,
Dated 21st January, 2020
Office Memorandum
Subject : Filling up of vacant posts in Central Government Ministries/Department – reg.
Attention is drawn towards this Department’s OM No. 39020/18/2016- Estt.(B) dated 19th December, 2016 regarding timely and advance action in filling up the Direct Recruitment (DR) vacancies. It was, inter-alia, requested therein that advance action may be taken by the Ministries/Departments and their Attached and Subordinate Offices for reporting vacancy position with respect to Direct Recruitment (DR) posts to the concerned recruitment agency i.e. Union Public Service Commission (UPSC) and Staff Selection Commission (SSC) etc, for filling up of such Direct Recruitment vacancies in a timely manner.
2. The Cabinet Committee on Investment and Growth in the meeting held on 23.12.2019, has directed to take time bound action to fill the existing vacancies in various Ministries/Departments.
3. Accordingly, all the Ministries/Departments are requested to fill up the existing vacancies in the concerned Ministries/Departments, their Attached and Subordinate Offices, in a time bound manner. It is also requested that a report with regard to action taken to fill up the existing vacancies, may be sent to this Department, as per format given overleaf, by 5th day of every month. The first such report should reach this Department latest by 5th February, 2020.
(Rajbir Singh)
Under Secretary to the Government of India
One notional increment to those retired on 30th June after completion of 365 days
BHARAT PENIOSNERS’ SAMAJ (All India Federation of Pensioners’ Association)
No.SG/BPS/01/20/16
Dated: 16.01.2020
To
The Union Minister of Finance
The Union Minister of Law & Justice
The MOS (PP) PMO
Secy , DOPT
JS, DOP & PW
Subject : One notional increment to those retired on 30th June after completion of 365 days
Madam / Sir,
Constitution of India is sacrosanct, Government Policies & Rules have to be in Synchronization with the constitution. In case of variations Policies & Rules need to be amended to suit the provisions of the constitution of India.
“Article 14 of the Constitution ensures equality among equals : its aim is to protect persons similarly placed against discriminatory treatment. (State of U.P. [(1969) 1 SCC 817])) Pensioners form a homogenous group (D.S. Nakara & Others vs Union Of India on 17 December, 1982) Equivalent citations: 1983 AIR 130, 1983 SCR (2) 165 wherein it was HELD: Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. Principle underlying the guarantee is that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation and there should be no discrimination between one person and another.
Madam / Sir, Answers to Lok Sabha unstarred Q No 427 & 2027 (copies attached ) seek to introduce discrimination among Similarly placed.
The judgments under reference may be in Persona, REM or Supra. The fact remains that the honorable courts decided an issue relating to pensionary benefit and that UOI was one of the party to the case as such to ensure equality under Article 14 of constitution it need to be applied to all similarly placed and not only to appellant.
Honourable PM (in his speech in Golden Jubilee celebration of Dethi High court) as well as Honourable Supreme Court through pronouncements in several of its judgements has said that the issue once decided should apply to all similarly placed. MOD through its circulars CGDA, Ulan Batar ‘Road, Palam-Delhi Cantt No AN/III/3012/Circular/Vol.VII Dated 30.10.18 and GOI Ministry of Defense D(CMU), Sena Bhawan, New Delhi, Dated 07.09..2018 has provided application of Court judgments to all similarly placed.
Govt. of Tamil Nadu. too has applied court judgment on the same issue for all similarly placed pensioners vide FINANCE (PAY CELL) DEPARTMENT G.O.Ms.No.140, Dated: 25th April, 2018. Irony is that PM & Apex court desires application to all similarly placed the Service/ Pension issues once legally decided. MOD too provides application of Court judgments to all similarly placed (which includes Defence civilians also). But DOPT and DOPPW do not agree to it.
Bharat Pensioners Samaj once again request you not to push pensioners who are in the evening of their lives to courts to seek redress on issues already decided. Please have MERCY on them.
Thanking You
Yours truly,
Sd/-
S C Maheshwari
Secy General Bharat Pensioners Samaj
Government of India
Ministry of Railways
(Railway Board)
New Delhi, dated 15.01.2020
No. 2020/SCC/03/02
The General Manager,
All Zonal Railways/PUs etc.
Training Institutes
CMD/MD of PSUs
Sub : Representation against APAR for the year 2018-19.
APARs of Group ‘A’ officers are prepared online through SPARROW. All the procedure (Reporting/Reviewing/Accepting and Representation, if any) was to be completed by 31.12.19 for the year 2018-19. Thereafter, system has been closed automatically. APARs shall be treated as complete at whatever level it has been written.
2. Now, it has come to notice that some APARs have been closed at the level of Reporting/Reviewing/Accepting on 31.12.19 and officers could not make representation, if any, against the APAR.- Also, some representations against the APAR of 2018-19 which had been submitted’ online have been closed automatically after 31.12.19 at various stages without finalisation.
3. It has been decided that officers may submit representation, if any against the APAR for the year 2018-19 before 20th February 2020 in manual mode as per extant instructions. Thereafter, no representation will be considered. Also, the representations against the APAR for the year 2018-19 which were under consideration online got closed on 31.12.19 at any stage, may be considered manually by the competent authority alongwith available information (i.e. remarks of Reporting/Reviewing/Accepting).
4. Necessary action may be taken accordingly.
5. This issues with the approval of competent authority.
(Vinod Kumar)
Under Secretary(Conf.)
Railway Board
Accident Free Service award to the Railway Employee retired after 01.01.2016
Government of India
Ministry of Railways
(Railway Board)
No.2018/Safety(DM)/18/2
New Delhi, dtd. 13.01.2020
General Managers
All Zonal Railways
and CMD/KRCL
Sub: Accident Free service award to the employee retired after 01.01.2016.
Ref: Board’s letter of even no. dated 28.11.2018
Vide Board’s letter referred above, it was clarified that the Accident Free Service Award to the staff retired after 01.01.2016 shall be paid as per the salary structure of 7th CPC and no arrears shall be admissible to whom the award is already disbursed.
2. Various Railways have brought out that some of the staff that had retired between 01.01.2016 28.11.2018 have been paid Accident Free Service Award as per 6th CPC pay structure while some of them have still not been paid the award due to various reasons and would therefore, be eligible for award as per 7th CPC pay structure. This would lead to different treatment meted out to two sets of staff retired during the same period.
3. In this respect, Board has examined the matter and it has been decided that the Accident Free Service Award will be paid as per 7th CPC pay structure w.e.f. 01.07.2017, the date on which revised rate of allowances as per the 7th CPC came into effect. Therefore, the staff who have retired between 01.07,2017 & 28.11.2018 and have been paid as per 6th CPC pay structure will be eligible for payment of arrears of the Accident Free Service Award as per 7th CPC pay structure.
4. This issues with the concurrence of Finance Directorate of Ministry of Railways.
