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3rd Financial Upgradation under MACP Scheme – CAT / Court Case Order

3rd Financial Upgradation under MACP Scheme – CAT / Court Case Order

F. No. A-23011/125/2016-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
*****

North Block, New Delhi.
Dated 9th October, 2019.

To,

All Pr. Chief Commissioners/ Principal Director Generals under CBIC
All Chief Commissioner/ Director Generals under CBIC

Subject : Defending the CAT/Court cases on the issue of grant of 3rd Financial Upgradation under MACP Scheme to Superintendents who were granted non-functional grade pay in grade pay of Rs.5400/- in PB-2

Sir,

I am directed to forward a copy of order dated 12.04.2019 of the Hon’ble CAT, Emakulam Bench in OA No.912/2016 filed by Dileep Kumar with request that the said order may be cited/referred to while defending the CAT/Court cases pending in your Zones/ Commissionerate/Directrorate on the subject of grant of 3rd Financial Upgradation under MACP Scheme to Superintendents who were granted non-functional grade pay in grade pay of Rs.5400/- in PB-2.

Encl: As above.

Yours faithfully,

(Gaurav Shukla)
Under Secretary to the Government of India

CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH

Original Application Nos.180/00916/2016

Friday, this the 12th day of April, 2019

CORAM:

Hon’ble Mr. E.K. Bharat Bhushan, Administrative Member
Hon’ble Mr. Ashisb Kalia, Judicial Member

Dileepkumar, S/o.K.K. Ramakrishnan, aged 57 years,
Superintendent of Central Excise, Central Excise Divisional Office,
V. Publisher’s Building, Sreenivasa Iyer Road, Kottayam -686 001,
Residing at Parappattil House, Nellickal, Kuzhimattom PO,
Kottayam District, Pin -686 533, Mobile Phone-
9495481173

…… Applicant

(Party in person)

Versus

Union of India, represented by

1. The Secretary, Ministry of Personnel, Public Grievances and
Pensions, Department of Personnel & Training, (Establishment D),
North Block, New Delhi -110 001.

2. The Secretary, The Department of Expenditure, Ministry of
Finance, North Block, New Delhi -110 001.

3. The Chairman, Central Board of Excise and Customs,
North Block, New Delhi -110 001.

4. The Commissioner of Central Excise, Cochin Commissionerate,
Central Revenue Building, I.S. Press Road, Ernakulam,
Cochin -682 011.

….. Respondents

(By Advocate – Mr.P.R.Sreejith, ACGSC)

This application having been heard on 10.4.2019, the Tribunal on 12.04.2019 delivered the following:

ORDER

Per: Hon’ble Mr. Ashish Kalii; Judicial Member

The applicant joined the service under the respondents as Inspector of Central Excise. He was granted 1st and 2nd financial upgradations w.e.f. 9.8.1999 and 22.6.2008. Later he was promoted to the post of Superintendent of Central Excise w.e.f. 24.9.2002 and as the upgradation – benefits were already given under ACP scheme he was not eligible for any benefits at the time of promotion. The applicant was granted the Grade Pay of Rs. 5,400/- in PB-2 of Rs. 9,300-34,800/- w.e.f. 24.9.2006 on completion of four years of service as Superintendent. Since the applicant was not granted any further promotion he is eligible for 3rd financial upgradation under the MACP scheme. Applicant submitted a representation to the respondents in this regard. However, the respondents in reply to the above representation given him a copy of the letter dated 18.2.2015 (Annexure A10) stating that since the Pay and Accounts Officer has raised objection in granting financial upgradation under the MACP scheme in the Grade Pay of Rs. 6,600/- to those Superintendents who had been granted the Grade Pay of Rs. 5,400/- in PB-2 on completion of four years service had sought a clarification from the Ministry and further the Hon’ble High Court of Madras has remitted the matter to the Department of Personal, Public Grievances and Pension for fresh consideration with directions to consider the issue in extenso. Respondent No. 1 examined the matter and issued Annexure A8 clarification. However, the respondents have denied the benefit of 3rd financial upgradation under the MACP scheme to the applicant on the wrong interpretation of paragraph 81 of Annexure Al OM dated 19.5.2009 (Annexure A3). Being aggrieved the applicant has filed the present OA with the following relief:

Also Read : MACPS Important DOPT Order : Consolidated Guidelines for the Central Government Employees

“8.1 This Honourable Tribunal may be pleased to declare that the provisions of para 8.1 of Annexure I to the OM No.35034/3/2008-Estt(D) dated 19.5.2009 is not applicable in the case of the applicant and he is eligible for the 3rd financial upgradation in Grade Pay of Rs. 6,600/- in PB- 3 as per the MACP scheme and direct the respondents to grant and disburse to the applicant the financial benefits within a reasonable period as decided by the Hon’ble Tribunal.

8.2 This Honourable Tribunal may be pleased to declare that the Grade pay of Rs. 5,400/- in PB-2 granted under the CCS (RP) Rules to the Superintendents of Central Excise on completion of four year service is not a financial upgradation falling under the purview of the MACP scheme.“

2. Notices were issued to the respondents. They entered appearance through Shri P.R. Sreejith, ACGSC who filed a detailed reply statement contending that the applicant joined the Department as Inspector of Central Excise on 22.6.1984. He was granted 1st and 2nd financial upgradation under the ACP scheme w.e.f. 9.8.1999 and 22.6.2008 respectively. He was promoted as Superintendent of Central Excise w.e.f. 24.9.2002 and further was granted Grade Pay of Rs. 5,400/- in PB-II in the scale of Rs. 9,300-34,800/- w.e.f. 24.9.2006 on completion of four years service as Superintendent. Respondent No.1 vide letter dated 21.7.2010 has clarified that the benefit of non-functional upgradation granted to the Superintendent (Group-B) officers on completion of 4 years of service would be treated/viewed as an upgradation in terms of paragraph 8.1 of Annexure to OM dated 19.5.2009 (Annexure A3) and the same would be offset against one financial upgradation under MACP scheme. The applicant was granted Grade Pay of Rs. 5,400/- in PB-II as non-functional upgradation w.e.f. 24.9.2006 and was afforded the benefit of fixation of pay under FR 22. The respondents would submit that the post/grade at S-15 has been placed at PB- II with Grade Pay of Rs. 5,400/- and next higher grade pay in the hierarchy of the recommended revised pay band and grade pay is PB-III with Grade Pay of Rs. 5,400/-. Paragraph 8.1. of Annexure of MACP scheme provides that consequent upon the implementation of the 6th CPC’s recommendations, grade pay of Rs. 5,400/- is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5,400/- in PB-2 and Rs.5,400/- in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradation under MACP scheme. The non-functional Grade Pay of Rs. 5,400/- granted to the applicant in PB-II after completion of 4 years regular service as Superintendent is to be treated/viewed as an upgradation in terms of respondent No. 1 clarifications. The respondents further contended that the judgments/orders relied on by the applicant is not applicable to the facts and circumstances of the present case. Respondents pray for dismissing the OA.

3. We have heard the applicant who appeared in person and the learned Central Government counsel appearing for the respondents in the matter. We have also perused the argument notes submitted by the applicant. Perused the records.

4. It is also undisputed that the Superintendents of Customs and Central Excise are having two Grade Pays in PB-2 i.e. one with Grade Pay of Rs.4800/- and another with Grade Pay of Rs 5400/-. The officials become entitled to Pay Band 2 with Grade Pay of Rs.5400/- only after they complete 4 years of service as Superintendents in the Grade Pay of Rs.4800/-.

5. MACP Scheme has brought systemic changes to the then existed ACP Scheme. Both the Schemes were to alleviate the drudgery of lack of promotional avenues of the government servants for a long time. Under the ACP Scheme, financial upgradation in the promotional scale were given on completion of 12 years and 24 years respectively without promotion whereas in the MACP scheme three financial upgradations counting from a direct entry grade on completion of 10, 20 and 30 years respectively whenever a person has spent 10 years continuously in the same Grade Pay. The MACP Scheme envisages merely placement in the immediate next higher Grade Pay in the hierarchy of recommended revised Pay Bands under the CCS (Revised Pay) Rules, 2008. It is also to be noted that the Grade Pay at the time of financial upgradation under the MACP Scheme can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion and in such cases the higher Grade Pay attached to the next promotion post in the hierarchy of the concerned cadre will be given only at the time of regular promotion. It is further to be noted that the Grade Pay of Rs.5400/- is now in two Pay Bands viz; PB2 and PB3. Para 8.1 of the MACP Scheme states:

“8.1 Consequent upon the implementation of sixth CPC’s recommendations , grade pay of Rs.5400 is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs.5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradations under MACP Scheme.“

6. Grade Pay of Rs.5400/- is given to Superintendents of Central Excise, on completion of their 4 years service in PB-2 with Grade Pay of Rs.4800/-. Applicant joined the service as Inspector 22·06.1984 and he was granted 1st ACP benefits in the grade of Superintendent i.e. PB-2 Rs. 9,300-34,800/-­ plus Grade Pay of Rs. 4,800/-. Later he was promoted as Superintendent of Central Excise w.e.f. 24.9.2002. Since the applicant was already granted 1st financial upgradation under ACP scheme he was not eligible for any benefits at the time of promotion. However, on completion of four years service as Superintendent applicant was granted non-functional upgradation in PB-2 Rs. 9,300-34,800/- plus Grade Pay of Rs. 5,400/- w.e.f. 24.09.2006. The applicant was granted 2nd financial upgradation under the ACP scheme w.e.f. 22.06.2008 on completion of 24 years of service in PB-3 Rs. 15600-39100/-­ with Grade Pay of Rs. 5,400/-. Therefore, the applicant has been granted three financial upgradations as stated above. The respondents contend that the placement of the applicant in the Grade Pay of Rs.5400/- in Pay Band 2 under NFG (non-functional upgradation) has to be treated as a separate Grade Pay for the purpose of grant of upgradation under the MACP Scheme.

7. Financial upgradations under the schemes of ACP and MACP are policy decisions of the Government of India and they are to be implemented strictly in terms of the schemes. Any interpretation inconsistent with the scheme cannot be acceded to Paragraph 8.1 of the MACP scheme as quoted above which in unambiguous terms state that Grade Pay of Rs.5400/- in PB- 2 and the Grade Pay of Rs.5400 in PB-3 are to be treated as separate Grade Pays for the purpose of grant of financial upgradation under the MACP Scheme. In the 6th CPC revised pay structure after completion of 4 years of service in the PB-2 with Grade Pay of Rs. 4,800/- a higher Grade Pay of Rs.5400/- is granted in Pay Band-2 itself. As per para 8.1 of the MACP scheme such placement in higher Grade Pay has to be treated as a separate Grade Pay for the purpose of MACP Scheme. Therefore, the applicant had already undergone 3 financial upgradations. Hence now the applicant cannot be considered for the 3rd financial upgradation as it would be contrary to the MACP Scheme. Ignoring the granting of non-functional Grade Pay of Rs.5400/- in PB-2 for the purpose of MACP is not in accordance with the government policy and hence is not correct.

8. In the light of the above discussion, we hold that there is no merit in the above Original Applications. The Original Application is dismissed. Parties shall suffer their own costs.

(ASHISH KALIA)
JUDICIAL MEMBER

(E.K. BHARAT BHUSHAN)
ADMINISTRATIVE MEMBER

Signed Copy

Closure of offices surrounding Patel Chowk on 30.10.2019 and 31.10.2019

Closure of offices surrounding Patel Chowk on 30.10.2019 and 31.10.2019

IMMEDIATE

No.12/16/2016- JCA
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (JCA) Section

North Block, New Delhi – 110 001
Dated: 29th October, 2019

OFFICE MEMORANDUM

Subject : Closure of offices surrounding Patel Chowk on 30.10.2019 and 31.10.2019 – regarding.

The undersigned is directed to state that the Delhi Police have intimated about the visit of the Hon’ble President of India at Patel Chowk on 31.10.2019 to pay floral tributes at the Statue of Sardar Patel on the occasion of his birth anniversary.

2. To make elaborate law & order/ security arrangements, the buildings surrounding Patel Chowk are required to be sealed after conducting anti-sabotage checks. These office buildings (as per list attached) are required to be vacated at 1500 hours on 30.10.2019 so that rooms are sealed after conducting regular anti-sabotage checks. The arrangements by Delhi Police will continue till 0930 hours on 31.10.2019.

3. Accordingly, Ministries/Departments are requested to bring this to the notice of all concerned for information/necessary action.

Encl.: as above

(S T Selvi Singh)
Under Secretary to the Govt. of India

Signed Copy

patel-chowk

Procedure for Withdrawal from GPF by regular Postal presently working at IPPB

Procedure for Withdrawal from GPF by regular Postal presently working at IPPB on deputation / foreign service.

F.No.1-8/2018-PBI
Government of India
Ministry of Communications Department of Posts
(PBI Division)

*********

Sansad Marg, Dak Bhawan
New Delhi, Dated : 15 October, 2019

To,

1. All Chief Postmasters General
2. All Post Masters General
3. All GM (Finance)/ DAPs
4. CHRO, IPPB

Subject : Standard Operating Procedure (SOP) for Withdrawal / Advance from GPF by regular employees of Department of Post (DoP) presently working at India Post Payments Bank (IPPB) on deputation / foreign service.

Madam/Sir,

This Division has issued a Standard Operating Procedure (SoP) for remittances and credit of various service benefits and maintenance of service records etc. of the regular employees of Department of Posts (DoP) on deputation/foreign service to India Post Payments Bank (IPPB) vide letter no. F. No. 1-8/2018-PBI dated 0151 April 2019, however, provisions related to withdrawals and advances from GPF were not covered in this SoP. In continuation of this SoP, enclosed procedure to be followed for Withdrawal/ Advance from GPF by regular employees of Department of Post (DoP) presently working at India Post Payments Bank (IPPB) on deputation/ foreign service.

2. It is requested that the it may be brought to the notice of all concerned .

Encl: As above

(Abhishek Jain)
Assistant Director General (PBI)

Procedure for Withdrawal / Advance from GPF by regular employees of Department of Post (DoP) presently working at India Post Payments Bank (IPPB) on deputation.

I. Actionable Points by DoP:

Nodal Office and Administrative Authority shall remain same as per Standard Operating Procedure (SoP) for remittances and credit of various service benefits and maintenance of service records etc. of the regular employees of Department of Posts (DoP) on deputation/ foreign service to India Post Payments Bank (IPPB) issued vide letter no. F. No. 1-8/2018-PBI dated 0151 April 2019 .

Application for Withdrawal / Advance from GPF:

The DoP employee on deputation/ foreign service to IPPB shall sent the prescribed application form for GPF Withdrawal/ Advance in triplicate along with his/her GPF balance sheet (Current/Last) , application stating his/her account details e.g. Account number, IFSC code, Bank name and address of the branch etc. to his/her concerned authority in IPPB prescribed for this purpose. The concerned authority in IPPB shall forward the application to the concerned Nodal Officer of DAP for further action.

The concerned DAP after following the due process of verification of service particulars and balance etc. shall issue the sanction and payment shall be made at the same DAP­ HRMS section directly into the account of the employee (Employee to provide correct account number and other details to PAO at the time of GPF withdrawal) . Copy of the sanction shall also be forwarded to IPPB for information.

The database of employees on foreign service needs to be created in CSI by identification of the required parameters and all such employees should be tagged to the concerned PAO for necessary action.

In case of advance from GPF, the concerned sanctioning authority i.e. DAP shall communicate to IPPB’s single point of contact (SPOC) the number of installments and amount of monthly installment to be recovered from the pay of employee .

Necessary entries shall be made by Nodal DAP in the books of accounts a_nd register as per the monthly schedule received from IPPB.

II. Actionable Points by IPPB:

Chief Human Resource Officer of IPPB shall prescribe the concerned authority in IPPB for dealing the matters related to withdrawal/ advance from GPF. Such concerned authority in IPPB shall accept the application for withdrawal/ advance from GPF in the prescribed form along with aforesaid documents and forward the same to the concerned Nodal Officer of DAP for further action.

In case of Advance from GPF, the monthly recovery shall be made by the IPPB as per the sanction / communication received from concerned DAP and such amount shall be sent to the concerned DAP for crediting to the employee’s GPF account as per the standard process. IPPB shall ensure that monthly instalments due towards advance from GPF shall be regularly deducted and remitted to the DAP nodal office within 15 days from the end of the month.

Signed Copy

Gazette Notification – RTI Rules 2019 – Salaries, Allowances of Chief Information Commissioner

Gazette Notification – RTI Rules 2019 – Salaries, Allowances of Chief Information Commissioner

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION

New Delhi, the 24th October, 2019

G.S.R. 810(E).—In exercise of the powers conferred by clauses (ca) and (cb) of sub-section (2) of section 27 of Right to Information Act, 2005 (22 of 2005), the Central Government hereby makes the following rules, namely:—

CHPATER I

PRELIMINARY

1. Short title and commencement.—(1) These rules may be called The Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner, Information Commissioners in the Central Information Commission, State Chief Information Commissioner and State Information Commissioners in the State Information Commission) Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

CHAPTER II

2. Definitions.—(1) In these rules, unless the context otherwise requires, –

(a) “Act” means the Right to Information Act, 2005 (22 of 2005);

(b) “Central Information Commission” shall have the same meaning assigned to it under clause (b) of section 2 of the Act ;

(c) “Chief Information Commissioner” and “Information Commissioner” shall have the same meaning assigned to it under clause (d) of section 2 of the Act;

(d) “State Chief Information Commissioner” and “State Information Commissioner” shall have the same meaning assigned to it under clause (l) of section 2 of the Act;

(e) “State Information Commission” shall have the same meaning assigned to it under clause (k) of section 2 of the Act.

(2) The words and expressions used and not defined under these rules, but defined in the Act shall have the same meaning as respectively assigned to them in the Act.

CHAPTER III

TERM OF OFFICE, SALARIES, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF THE CHIEF INFORMATION COMMISSIONER AND INFORMATION COMMISSIONER IN THE CENTRAL INFORMATION COMMISSION

3. Term of office.—The Chief Information Commissioner, or Information Commissioners, as the case may be, shall hold office for a period of three years from the date on which he enters upon his office.

4. Retirement from parent service on appointment.—The Chief Information Commissioner or Information Commissioners, as the case may be, who on the date of his appointment to the Commission, was in the service of the Central or a State Government, shall be deemed to have retired from such service with effect from the date of his appointment as Chief Information Commissioner or an Information Commissioner in the Central Information Commission.

5. Pay.—(1) The Chief Information Commissioner shall receive a pay of Rs. 2,50,000 (Rupees two lakh and fifty thousand)(fixed) per mensem.

(2) An Information Commissioner shall receive a pay of Rs. 2,25,000 (Rupees two lakh and twenty five thousand) (fixed) per mensem.

(3) In case the Chief Information Commissioner or Information Commissioners, as the case may be, at the time of his appointment is, in receipt of any pension, the pay of such Chief Information Commissioner or Information Commissioners, as the case may be, shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity;

(4) In case the Chief Information Commissioner or Information Commissioners, as the case may be, at the time of his appointment, is in receipt of retirement benefits in respect of any previous service rendered in Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his pay in respect of the service as the Chief Information Commissioner or Information Commissioners, as the case may be, shall be reduced by the amount of pension equivalent to the retirement benefits.

6. Dearness Allowance.—The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to draw dearness allowance at the rate admissible to an officer holding a post carrying the same pay in the Central Government, as revised from time to time.

7. Leave.— (1) The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to rights of leave as per admissibility to an officer holding a post carrying the same pay in the Central Government, as revised from time to time.

(2) In case the Chief Information Commissioner, the competent authority to sanction the leave shall be the President of India and in case of the Information Commissioners, the Chief Information Commissioner shall be the competent authority.

8. Cash Payment in lieu of unutilised Earned Leave.—The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to encashment of fifty per cent. of earned leave to his credit at the time of completion of tenure:

Provided that for a Chief Information Commissioner or an Information Commissioner, as the case may be, who had retired from the service of the Central or a State Government prior to appointment as a Chief Information Commissioner and Information Commissioner, as the case may be, the aggregate period for which the encashment of unutilised earned leave shall be entitled shall be subject to a maximum period as per admissibility to an officer holding a post carrying the same pay in the Central Government or the State Government, as the case may be, as revised from time to time.

9. Medical Facilities.—The Chief Information Commissioner and Information Commissioners, as the case may be, shall be entitled to medical treatment and Hospital facilities as provided in the Central Government Health Scheme and at places where the Central Government Health Scheme is not in operation, the Chief Information Commissioner and Information Commissioner shall be entitled to medical facilities as provided in the Central Service (Medical Attendance) Rules, 1944.

10. Accommodation.—(1) The Chief Information Commissioner or Information Commissioners, as the case may be, shall be eligible subject to availability, to the use of official residence from the general pool accommodation of the type as admissible to an officer holding a post carrying the same pay in the Central Government on the payment of the license fee at the rates prescribed by Central Government from time to time.

(2) Where Chief Information Commissioner or an Information Commissioner is not provided with or does not avail himself of the general pool accommodation referred to in sub-rule (1), he may be paid House Rent Allowance at the rate admissible to an officer holding a post carrying the same pay in the Central Government.

11. Leave Travel Concession, Travelling Allowance, Daily Allowance.—The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to leave travel concession, travelling allowance and daily allowance as admissible to an officer holding a post carrying the same pay in the Central Government as far as may be, apply to the Chief Information Commissioner and Information Commissioner, as the case may be.

CHAPTER IV

TERM OF OFFICE, SALARIES, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF THE STATE CHIEF INFORMATION COMMISSIONER AND STATE INFORMATION COMMISSIONERS IN THE STATE INFORMATION COMMISSION

12. Term of office.—The State Chief Information Commissioner, or State Information Commissioners, as the case may be, shall hold office for a period of three years from the date on which he enters upon his office.

13. Retirement from parent service on appointment.—The State Chief Information Commissioner or State Information Commissioners, as the case may be, who on the date of his appointment to the Commission, as in the service of the Central or a State Government, shall be deemed to have retired from such service with effect from the date of his appointment as State Chief Information Commissioner and State Information Commissioner in the State Information Commission.

14. Pay.—(1) The State Chief Information Commissioner shall receive a pay of Rs. 2,25,000 (Rupees two lakh and twenty five thousand) (fixed) per mensem.

(2) The State Information Commissioners shall receive a pay of Rs. 2,25,000 (Rupees two lakh and twenty five thousand) (fixed) per mensem.

(3) In case the State Chief Information Commissioner and State Information Commissioners, as the case may be, at the time of his appointment is, in receipt of any pension, the pay of such State Chief Information Commissioner or State Information Commissioners, as the case may be, shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity.

(4) In case the State Chief Information Commissioner and State Information Commissioners, as the case may be, at the time of his appointment, is in receipt of retirement benefits in respect of any previous service rendered in Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner and State Information Commissioners shall be reduced by the amount of pension equivalent to the retirement benefits.

15. Dearness Allowance.—The State Chief Information Commissioner and State Information Commissioners, as the case may be, shall be entitled to draw dearness allowance at the rate admissible to an officer holding a post carrying the same pay in the State Government, as revised from time to time.

16. Leave.—(1) The State Chief Information Commissioner or State Information Commissioners, as the case may be, shall be entitled to rights of leave as per admissibility to an officer holding a post carrying the same pay in the State Government, as revised from time to time.

(2) In case of the State Chief Information Commissioner, the competent authority to sanction the leave shall be the Governor of the State and in case of the State Information Commissioners, the State Chief Information Commissioner shall be the competent authority.

17. Cash Payment in lieu of unutilized Earned Leave.—The State Chief Information Commissioner or State Information Commissioners, as the case may be, shall be entitled to encashment of fifty per cent. of earned leave to his credit at the time of completion of tenure:

Provided that a State Chief Information Commissioner or State Information Commissioners, as the case may be, who had retired from the service of the Central or a State Government prior to appointment as a State Chief Information Commissioner or State Information Commissioners respectively, the aggregate period for which the encashment of unutilised earned leave shall be entitled shall be subject to a maximum period as per admissibility to an officer holding a post carrying the same pay in the Central Government or the State Government, as the case may be, as revised from time to time.

18. Medical Facilities.—The State Chief Information Commissioner or State Information Commissioners, as the case may be, shall be entitled to medical treatment and Hospital facilities as provided in the Central Government Health Scheme and at places where the Central Government Health Scheme is not in operation, the State Chief Information Commissioner and State Information Commissioners, as the case may be, shall be entitled to medical facilities as provided in the Central Service (Medical Attendance) Rules, 1944 or such medical facilities provided by the State Government to an officer holding a post carrying the same pay in the State Government, as revised from time to time.

19. Accommodation.—(1) The State Chief Information Commissioner or State Information Commissioners, as the case may be, shall be eligible subject to availability, to the use of official residence from the general pool accommodation of the type as admissible to an officer holding a post carrying the same pay in the State Government on the payment of the license fee at the rates prescribed by State Government from time to time.

(2) Where State Chief Information Commissioner or State Information Commissioners, as the case may be, is not provided with or does not avail himself of the general pool accommodation referred to in sub-rule (1), he may be paid House Rent Allowance at the rate admissible to an officer holding a post carrying the same pay in the State Government.

20. Leave Travel Concession, Travelling Allowance, Daily Allowance.—The State Chief Information Commissioner or State Information Commissioners, as the case may be, shall be entitled to leave travel concession, travelling allowance and daily allowance as admissible to an officer holding a post carrying the same pay in the State Government as far as may be, apply to the State Chief Information Commissioner or State Information Commissioners.

CHAPTER V

21. Residuary Provision.— The conditions of service of the Chief Information Commissioner or an Information Commissioner, State Chief Information Commissioner or State Information Commissioners for which no express provision has been made in these rules shall be referred in each case to the Central Government for its decisions and the decisions of the Central Government thereon shall be binding on the Chief Information Commissioner or an Information Commissioner of the Central Information Commission, State Chief Information Commissioner or State Information Commissioner of the State Information Commission.

22. Power to relax.—The Central Government shall have power to relax the provisions of any of these rules in respect of any class or category of persons.

23. Interpretation.—If any question arises relating to the interpretation of any of the provisions of these rules, it shall be referred to the Central Government for decision.

[F. No. 1/5/2019-IR]
LOK RANJAN, Addl. Secy.

Gazette Notification

Special provision for issue of Medicines to Serving employees visiting CGHS Wellness Centre as a patient

Special provision for issue of Medicines to Serving employees visiting CGHS Wellness Centre as a patient – upto 9.30. A.M.

Z 15025/82/2019/DIR/CGHS
Government of India
Min of Health & Family Welfare
Directorate General of CGHS

545-A Nirman Shawan. New Delhi
Dated the 25th October 2019

OFFICE ORDER

Subject : Special provision for issue of Medicines to Serving employees visiting CGHS Wellness Centre as a patient – upto 9.30. A.M.

With reference to the above subject the undersigned is directed to state that st is now decided that if the serving employee (CGHS beneficiary) himself/herself is a patient and has come for consultation/ collection of medicines he / she may be given priority upto 9 30 A.M (Monday to Friday) , on production of government Identity card to facilitate himiher to attend office However. this facility shall not be extended to the other family members of the serving employees

( Sanjay Jain )
Director CGHS

CGHS

No of times to change the Name, Gender and Date of Birth in Aadhaar – modification of process

Updation of Name Gender and Date of Birth in Aadhaar – modification of process

F.No.4(4)/57/159/2016-E&U
Government of India
Ministry of Electronics & IT
Unique Identification Authority of India
(Enrolment & Update Division)

7th Floor, UIDAI Headquarters,
Bangla Shahib Road, Behind Kali Mandir,
Gole Market, New Delhi-110001.

Dated 14 October, 2019.

Circular

Sub : Updation of Name Gender and Date of Birth in Aadhaar – modification of process – reg.

Ref: 1) OM No. 4(4)/57/159/2016-F,86U dated 24.09.2018.
2) OM No. 4(4)/57/159/2016-E86U dated 07.02.2019.
3) OM No. 4(4)/57/159/2016-E&U dated 01.04.2019.

Vide Office Memorandums referred above limits on, number of updates in Name, Gender and Date of Birth were prescribed that are in:-

  • Name : Twice in Life time
  • Gender : Once in life time
  • Date of Birth: Once in life time subject to condition that present status of DoB is declared/approximate.

2. The above referred OM at Sr. No. 3 also provides exception handling process for the cases requiring updation of Name, Gender or Date of Birth more than the prescribed limit.

3. Considering the analysis of exception cases of DoB handled by Regional Offices, it has been decided that update in DoB shall be allowed once in life time irrespective of present status whether the same is verified or declared or approximate.

4. All other terms and conditions including exception handling process shall remain same.

5. This issues with the approval of CEO, UIDAI.

(Ashok Kumar)
Assistant Director General

Source : Confederation

aadhar_Card

6th CPC Dearness Allowance Order from July 2019

6th CPC Dearness Allowance Order from July 2019

No.1/3(1)/2008-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure

North block, New Delhi
Dated the 25th October, 2019

OFFICE MEMORANDUM

Subject : Rate of Dearness Allowance applicable w.e.f. 01.07.2019 to the employees of Central Government and Central Autonomous Bodies continuing to draw their pay in the pre-revised pay scale/Grade Pay as per 6th Central Pay Commission

The undersigned is directed to refer to this Department’s O.M. No. 1/3(1)/2008-E.II(B) dated 8th March, 2019 revising the rate of Dearness Allowance (DA) w.e.f. 01.01.2019 in respect of employees of Central Government and Central Autonomous Bodies continuing to draw their pay in the pre-revised pay scale/Grade Pay as per 6th Central Pay Commission.

2. The rate of DA admissible to above categories of employees of Central Government and Central. Autonomous Bodies shall be enhanced from the existing 154% to 164% w.e.f. 01.07.2019.

Also Read : 5th CPC DA Order from July 2019

3. The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M.No.1(3)/2008-E.II(B) dated 29th August, 2008 shall continue to be applicable while regulating Dearness Allowance under these orders.

4. The contents of this Office Memorandum may also be brought to the notice of all organisations under the administrative control of the Ministries/Departments which have adopted the Central Government scales of pay.

(Nirmal Dev)
Deputy Secretary to the Government of India

Signed Copy

5th CPC Dearness Allowance Order from July 2019

5th CPC DA Order from July 2019

No. 1/3(2)/2008-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated the 25th October, 2019

OFFICE MEMORANDUM

Subject : Rate of Dearness Allowance applicable w.e.f. 01.07.2019 to the employees of Central Government and Central Autonomous Bodies continuing to draw their pay in the pre-revised pay scales as per 5th Central Pay Commission.

The undersigned is directed to refer to this Department’s O.M. No. 1/3(2)/2008-E.II(B) dated 8th March, 2019 revising the rate of Dearness Allowance (DA) w.e.f. 01.01.2019 in respect of employees of Central Government and Central Autonomous Bodies continuing to draw their pay in the pre-revised pay scales as per 5th Central Pay Commission,

2, The rate of DA admissible to above categories of employees of Central Government and Central, Autonomous Bodies shall be enhanced from the existing 295% to 312% w.e.f. 01.07.2019.

3. The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M.No.1(13)/97-E.II(B) dated 3rd October, 1997 shall continue to be applicable while regulating Dearness Allowance under these orders.

4. The contents of this Office Memorandum may also be brought to the notice of all organisations under the administrative control of the Ministries/Departments which have adopted the Central Government scales of pay.

(Nirmala Dev)
Deputy Secretary to the Government of India

Signed Copy

Tamil Nadu GPF Interest Rate from Oct 2019

Tamil Nadu GPF Interest Rate from Oct 2019

Government of Tamil Nadu
2019

MANUSCRIPT SERIES

FINANCE [Allowances] DEPARTMENT
G.O.Ms.No.334, Dated 24th October, 2019.

(Vikari, Aippasi-7, Thiruvalluvar Aandu 2050)

ABSTRACT

Provident Fund – General Provident Fund (Tamil Nadu) – Rate of interest for the financial year 2019-2020 – With effect from 1.10.2019 to 31.12.2019 – Orders – Issued.

Read the following:-

1. G.O.Ms.No.126, Finance (Allowances) Department, dated 24.04.2019.
2. G.O.Ms.No.223, Finance (Allowances) Department, dated 18.07.2019.
3. From the Government of India, Ministry of Finance, Department of Economic Affairs (Budget Division), New Delhi Resolution F.No.5(2)-B(PD)/2019, dated 21.10.2019.

-oOo-

ORDER:

In the Government Order first and second read above, orders were issued regarding fixation of the rate of interest on the accumulation at the credit of the subscribers of General Provident Fund (Tamil Nadu) during the financial year 2019-2020 as detailed below:

Sl.No. Quarter Period Rate of Interest
1 I 1-04-2019 to 30-06-2019 8.00%
2 II 1-07-2019 to 30-09-2019 7.90%

2. The Government of India, in its resolution third read above, announced that during the year 2019-2020, accumulation at the credit of subscribers to the General Provident Fund and other similar funds shall carry interest at the rate of 7.9% (Seven point nine percent) with effect from 1st October, 2019 to 31st December, 2019.

3. The Government now direct that the rate of interest on the accumulation at the credit of the subscribers to General Provident Fund (Tamil Nadu) shall carry interest at the rate of 7.9% (Seven point nine percent) with effect from 1st October, 2019 to 31st December, 2019.

4. The rate of interest on belated final payment of Provident Fund accumulation remaining unpaid for more than three months of its becoming payable shall be at the same rates as ordered in para-3 above.

(BY ORDER OF THE GOVERNOR)

S.KRISHNAN
PRINCIPAL SECRETARY TO GOVERNMENT

Signed Copy

Ad-hoc bonus for 30 days to the RPF/RPSF personnel for 2018-2019

Grant of ad-hoc bonus for 30 days to the Group ‘C’ & ‘D’ RPF/RPSF personnel for the financial year 2018-2019

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 179/2019
New Delhi, dated 23.10.2019

No.E(P&A)II-2019/Bonus-1

The General Managen/CAOs (R),
All Indian Railways & Production Units.
(As per mailing Ust}.

Subject : Grant of ad-hoc bonus for 30 days to the Group ‘C’ & ‘D’ RPF/RPSF personnel for the financial year 2018-2019.

*****

The President is pleased to decide that all Group ‘C’ & ‘D’ RPF/RPSF personnel, may be granted ad-hoc bonus equivalent to 30 (thirty) days emoluments for the financial year 2018-2019, without any wage eligibility ceiling. The calculation ceiling for payment of ad-hoc Bonus under these orders shall be monthly emoluments of ₹7000/-, as revised w.e.f 01.04.2014 vide Ministry of Finance (Department of Expenditure)’s OM No. 7/4/2014/E.III9A), dt 29th August, 2016.

2. The benefit will be admissible subject to the following terms and conditions:-

a) Only those Group ‘C’ & ‘D’ RPF/RPSF personnel who were in service on 31.3.2019 and have rendered at least six months of continuous service during the year 2018-19 will be eligible for payment under these orders. Pro-rata payment will be admissible to the eligible personnel for period of continuous service during the year from six months to a full year, the eligibility period being taken in terms of number of months of service (rounded off to the nearest number of months).

b) The quantum of Non-PLB (ad-hoc bonus) will be worked out on the basis of average emoluments/calculation ceiling whichever is lower. To calculate Non-PLB (ad-hoc bonus) for one day, the average emoluments in a month will be divided by 30.4 (average number of days in a month). This will, thereafter, be multiplied by the number of days of bonus granted. To illustrate, taking the calculation ceiling of ₹7000/- (where actual average emoluments exceed ₹7000), Non-PLB (ad-hoc bonus) for thirty days would work out to ₹7000 x 30/30.4 = ₹6907.89 (rounded off to ₹6908/-)

c) All payments under these orders will be rounded off to the nearest rupee.

d) Various points regarding regulation of Ad-hoc/Non-PLB Bonus are given in the Annexure.

e) All the Group ‘C’ & ‘D’ RPF/RPSF personnel, regardless of whether they are in uniform or out of uniform and regardless of place of their posting, shall be eligible only for ad­ hoc bonus in terms of these orders.

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

4. Hindi version is enclosed.

(N.P. Singh)
Jt Director/Estt.(P&A)
Railway Board

No. E(P&A)II-2019/Bonus-1, dated 23.10.2019

Annexure

Point Clarification
1. Whether the employees in the following categories are eligible for the benefit of ad-hoc bonus for an accounting year. Subject to completion of minimum six months continuous service and being in service as on 31st March, 2019.
(a) Employees appointed on purely temporary ad-hoc basis. (a) Yes, if there is no break in service.
(b) Employees who resigned, retired from service or expired before 31st March, 2019. (b) As a special case only those persons who superannuated or retired on invalidation on medical grounds or died before 31st March, 2019 but after completing at least six months regular service during the year will be eligible for the ad-hoc bonus on pro-rata basis in terms of nearest number of months of service.
(c) Employees on deputation/ foreign service terms to state governments, U.T. Governments, Public Sector Undertakings, etc, on 31st March, 2019. (c) Such employees are not eligible for the ad­ hoc bonus to be paid by the lending departments. In such cases the liability to pay ad-hoc bonus lies with the borrowing organization depending upon the ad-hoc bonus/PLB/ex-gratia/incentive payment scheme, if any, in force in the borrowing organization.
(d) Employees who reverted during accounting year from deputation on foreign service with the organizations indicated in ‘C’ above. (d) The total amount of bonus/ex-gratia received for the accounting year from foreign employer and the ad-hoc bonus, if any, due from a Central Government office for the period after reversion will be restricted to the amount due under ad-hoc bonus as per these orders.
(e) Employees from state Government/U.T. Admn./Public Sector Undertakings on reverse deputation with the Central Government. (e) Yes, they are eligible for ad-hoc bonus to be paid by the borrowing departments in terms of these orders provided no additional incentive as part of terms of deputation, other than Deputation Allowance, is paid and the lending authorities have no objection.
(f) Superannuated employees who were re-employed. (f) Re-employment being fresh employment, eligibility period is to be worked out separately for re-employment period, the total amount admissible, if any, for prior to superannuation and that for re-employment period being restricted to the maximum admissible under ad-hoc bonus under these orders.
(g) Employees on half-pay leave/ E.O.L./ leave not due/study leave at any time during the accounting year. (g) Except in the case of leave without pay the period of leave of other kinds will be included for the purpose of working out eligibility period . The period of E.O.L./dies non will be excluded from eligibility period but will not count as break in service for the purpose of ad-hoc bonus.
(h) Contract employees (h) Yes, if the employees are eligible for benefits like dearness allowance and interim relief. Categories not eligible for these benefits would be considered at par with casual labour in terms of ad-hoc bonus orders.
(i) Employees under suspension at any time during the accounting year. (i) Subsistence allowance given to an employee under suspension for a period in the accounting year cannot be treated as emoluments such an employee becomes eligible for the benefit of ad-hoc bonus if and when reinstated with benefit of emoluments for the period of suspension, and in other cases such period will be excluded for the purpose of eligibility as in the case of employee on leave without pay.
(j) Employees transferred from one Ministry/department/Office covered by ad-hoc bonus orders to another within the Government of India or a union Territory Government covered by ad-hoc bonus orders and vice versa. (j) Employees who are transferred from any of the Ministry/Department/Office covered by ad-hoc bonus orders to another such office without break in service will be eligible on the basis of the combined period of service in the different organizations. Those who are nominated on the basis of a limited departmental or open competitive exam from one organization to a different organisation will also be eligible for the ad-hoc bonus. The payment will be made only by the organization where he was employed as on 3151 March, 2019 and no adjustments with the previous employer will be necessary.
(k) Employees who are transferred from a Government Department/organization covered by ad-hoc bonus orders to a government Department/Organization covered by productivity – Linked bonus scheme or vice versa. (k) They may be paid what would have been paid on the basis of emoluments in ad-hoc bonus covered department for the entire year less the amount due as productivity-linked bonus. The amount so calculated may be paid by department where he was working on 3151 March 2019 and/or at the time of payment.
(l) Part time employees engaged on nominal fixed payment. (l) Not eligible

Signed Copy

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