Settlement of the demand of the Staff Side of Ministry of Defence to allot salary expenditure separately to the Ordnance Factories and to delink the same from the cost of OFB Products
No.NC-JCM-2019/Def
October 16, 2019
The Secretary (DP)
Department of Defence Production
South Block,
New Delhi — 110 001.
Subject : Settlement of the demand of the Staff Side of Ministry of Defence to allot salary expenditure separately to the Ordnance Factories and to delink the same from the cost of OFB Products.
In the 47th Meeting of the National Council (JCM) held under the Chairmanship of Cabinet Secretary held on 13.04.2019, the Staff Side Members of the Ministry of Defence raised two important issues pertaining to Defence Civilian Employees. One of the issue was that during the Strike negotiations with the recognized Federations Department of Defence Production has agreed to consider the demand of the Staff Side to allot salary expenditure separately to the Ordnance Factories and to delink the same and various overheads from the cost of the product. The Secretary / Defence Production who attended the meeting informed the house that the issue is under active consideration of the Department of Defence Production and the same would be settled at the earliest.
It has now been brought to the notice of the undersigned that no favourable decision yet has been taken by the Ministry of Defence on the above demand. It is understood the issue is still pending with the Defence Finance Division of the MoD. Due to this the Army and other Forces are reluctant to place orders / workload to the Ordnance Factories on the plea that the cost of the product are more. Once the salary budget and various overheads like NPS Contribution, Pension Contribution, Expenditure on Defence Accounts Department, Hospitals, Residential Colonies etc. are delinked from the cost, the Army have assured to the Federations that they will be in a position to place indent to the Ordnance Factories including those products which are declared as “Non-Core”.
In view of the above position in the interest of the future of Ordnance Factories and its employees and as assured to the Staff Side of the Ministry of Defence and also in the National Council (JCM) it is requested that a favourable decision on this very genuine issue may please be taken at the earliest. The decision taken in this regard may please be informed to this Office.
The above demand was raised by the Staff Side of the National Council (JCM) in the 47th Meeting of the National Council (JCM) chaired by the Cabinet Secretary held on 13.04.2019 while discussing the agenda at 6.4.13 Item No. 2/19/NC-47. The Staff Side demanded that these awards may be discussed afresh and methods may be devised to implement them. The decision taken in the meeting is given below for your kind ready reference.
“Reply of the Staff Side :
The concerned Departments, including DOP&T, are of the view that the Awards are fairly old and the issues covered have lost relevance after the successive Pay Commissions. The Awards are at various‘ stages of rejection and as such, the demand cannot be accepted. The Chairman advised that Additional Secretary, Department of Personnel & Training, may review the issue in a separate meeting with the Staff Side.”
The meeting with the Staff Side to discuss the subject matter has not yet been convened by the DOP&T. Since, this is a long outstanding issued it is requested that a meeting with the Staff Side may please be convened to discuss and reach a mutual agreement with regard to the implementation of the pending 16 Arbitration Awards.
Awaiting for your earlier and favourable action please.
The Staff Side in the 47th Meeting of the National Council (JCM) have raised the issue of delay in issuing Government orders for revision of Night Duty Allowance and Risk Allowance in 7th CPC Pay Scale w.e.f. 01.07.2017, even though the Cabinet has already approved the same. We were assured by the Official Side that the proposal is under process and necessary Government orders would be issued very soon. However, even after a period of more than 5 months the Government orders for revising Night Duty Allowance and Risk Allowance in 7th CPC Pay Scale w.e.f. 01.07.2017 has not yet been issued. The affected employees are repeatedly representing to this Office in this regard. Therefore, we request you to kindly arrange to issue necessary Government orders the above two allowances in 7th CPC Pay Scale w.e.f. 01.07.2017.
Relaxation of educational qualification for Compassionate Appointment – NCJCM writes to DOPT
No. NC-JCM-2019/DOPT/CA
October 16, 2019
The Secretary
Government of India
Department of Personnel & Training
North Block, New Delhi — 110 001.
Subject : Relaxation of educational qualification for Compassionate Appointment in the case of wife of Medically boarded out / invalidated employees.
Reference : Minutes of the 47th Meeting of the National Council (JCM) chaired by the Cabinet Secretary held on 13.04.2019 circulated vide DOP&T OM No. 3/112019-JCA dated 13th June, 2019.
Sir,
The above demand was raised by the Staff Side of the National Council (JCM) in the 47th Meeting of the National Council (JCM) chaired by the Cabinet Secretary held on 13.04.2019 while discussing the agenda at 6.4.10, Item No. 20/19/NC-47 on the subject of “Revised Scheme of Compassionate Appointment”. The Staff Side pointed out that while educational qualification is not insisted for widows for Compassionate Appointment, educational qualification is insisted in the case of wife of medically invalidated / boarded out employees. This anomaly may be rectified and the wife of employees who are medically invalidated should also be treated at par with the widows for granting Compassionate Appointment.
After discussion the Chairman suggested to Secretary (Personnel) that this issue may be sympathetically reexamined.
In view of the above suggestion given by the Cabinet Secretary in the meeting it is requested that the DOP&T may kindly arrange to issue instructions for exemption of educational qualification for Compassionate Appointment in the case of wife of medically invalidated / boarded out employees.
A copy of your instruction may please be endorsed to this Office.
Gratuity to the CG Employees who resigned from service after completion of 5 years service – NCJCM
No.NC-JCM-2019/Pension
October 16 2019
The Secretary
Department of Pension & Pensioners Welfare
3rd Floor, Loknayak Bhawan,
Khan Market
New Delhi – 110003
Subject : Payment of Gratuity to the Central Government Employees who resigned from service after completion of 5 years service.
Sir,
At present under the CCS (Pension) Rules, 1972 Gratuity is applicable only while on retirement / death of the Central Government Employee. Gratuity is not paid to the employees who resigns from service after completion of 5 years service. However, under the Section 4 of the Payment of Gratuity Act 1972, Gratuity shall be payable to an employee who are rendered continuous service for not less than 5 years on resignation also. This benefit is not being extended to the Central Government Employees which is a discrimination.
In view of the above it is requested that the Department of Pension and Pensioners Welfare may please consider this matter dispassionately and arrange to issue instructions extending the benefit of Gratuity to those Central Government Employees who resigns from service after 5 years continuous service at par with the provisions of the Payment of Gratuity Act 1972.
Fixation of pay of disabled / medically unfit running staff on being appointed against alternative (stationary) posts in revised (7th CPC) pay structure
RBE No. 171/2019
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(NG)1-2018/RE-3/3
New Delhi dated 14.10.2019
The General Manager (P)s
All Zonal Railways and Production Units
& RDSO etc.
(As per standard list)
Sub :- Fixation of pay of disabled / medically unfit running staff on being appointed against alternative (stationary) posts in revised (7th CPC) pay structure.
As the Zonal Railways are aware, pay of medically unfit Railway servants while absorbing them in alternative post is presently fixed as per instructions contained in Board’s letter No. E(NG)I-2008/RE-3/4 dated 30.04.2013. These provisions provides that while determining pay in Pay Band for the purpose of fixation of pay of medically unfit running staff in alternative (stationary) post, an amount equal to such percentage of basic pay (pay in Pay Band + Grade Pay) representing pay element of running allowance as may be in force from time to time may be added to the existing pay in Pay Band and the resultant figure (ignoring the fraction of rupee, if any) rounded off to the next multiple of 10, would be the pay in the Pay Band in the alternative post with no change in the Grade Pay of substantive post, in suitable alternative post.
2. The above issue of pay fixation of medically disabled/unfit running staff on such circumstances in pursuance of the 7th CPC regime has been under consideration of Board. It is pointed out that upto and including the 5th CPC pay regime, the pay scales had fixed stages and method of pay fixation of such running staff was governed in terms of para Nos. 1307 and 1308 of Board’s letter No. E(NG)I-96/RE-3/9(2) dated 29.04.1999. With the restoration of fixed and defined pay intervals in the form of distinct cells within each pay level in the 7th CPC pay matrix, it is clarified that the principles of pay fixation enunciated in Board’s letter ibid which will now hold good. This means that while fixing the pay of a medically decategorised running staff in an alternative stationary post if the resultant pay (after 30% addition) does not correspond to any cell, in the same pay level, then the pay will be fixed in the next —below cell of the same pay level and difference in pay will be protected as personal pay which will be adjusted in future increment (s).
3. It may also be noted that pay fixation as per para – 2 above will not apply for medical de-categorisation cases of 6th CPC regime, covered under Board’s letter dated 30.04.2013 referred to at para 01 above.
This issues with the concurrence of Finance Directorate of Ministry of Railways.
Please acknowledge receipt.
(M.K.Meena)
Deputy Director Estt.(N)
Railway Board
Ad-hoc Bonus 2018-19 to Rajasthan Government employees – Order
GOVERNMENT OF RAJASTHAN
FINANCE DEPARTMENT
(RULES DIVISION)
ORDER
No. F.6(5)FD (Rules)/2009
Jaipur, Dated: 18 OCT 2019
Subject : Grant of ad-hoc bonus to State Government employees for the financial year 2018-19.
The matter relating to grant of ad-hoc bonus for the financial year 2018-19 to State Government employees has been considered and the Governor is pleased to order that the State Government employees may be granted ad-hoc bonus equivalent to 30 days emoluments for the financial year 2018-19 on the following terms and conditions:
(I) Government Servants who were in service on 31-03-2019 and continuing in service on 1st′ April 2019 and drawing pay in Pay Level in the Pay Matrix L-12 or less under Rajasthan Civil Services (Revised Pay) Rules, 2017 or Grade Pay of Rs.4800 or less drawing pay in Rajasthan Civil Services (Revised Pay) Rules, 2008 (excluding officers of State Services) are entitled for ad-hoc bonus.
(II) For drawing ad-hoc bonus Government employee must have rendered at least six months of continuous service during the year 2018-19. Ad-hoc bonus equal to 30 days emoluments will be admissible to eligible employees who have rendered continuous twelve month service during the year 2018-19. Pro-rata payment will be admissible for continuous service from six months to twelve months. The eligibility period shall be taken in terms of number of months or service rounded to the nearest number of months. Rounding to the nearest number of months will, however, not be permissible for service of less than six months.
(III) The amount of ad-hoc bonus payable to the eligible employees for the financial year 2018-19 will be computed on the basis of actual emoluments as on 31″ March 2019 and for the purpose of calculation of ad-hoc bonus the maximum amount of emoluments will be restricted to Rs.7000/- per month.
(IV) The term ’emoluments’ occurring in this order will include basic pay, personal pay, deputation allowance and dearness allowance but will not include other allowances such as house rent allowance, compensatory (city) allowance etc.
(v) The amount of ad-hoc bonus payable shall be computed assuming the month of 31 days.
(VI) The amount of ad-hoc bonus payable will be rounded off to the nearest rupee.It is further clarified that:
(a) Except in the case of extra-ordinary leave (leave without pay), the period of leave of other kinds will be included for the purpose of working out eligibility period. The period of extra-ordinary leave (leave without pay) will be excluded from eligibility period but will not count as break in service for the purpose of ad-hoc bonus. In case a Government servant is on leave on 31-03-2019 the emoluments last drawn immediately before proceeding on leave shall be taken into account for the purpose of eligibility and calculation of ad-hoc bonus.
(b) The subsistence allowance given to an employee under suspension shall not be treated as emoluments. Such an employee will become eligible for the benefit of ad-hoc bonus if he is re-instated with benefit of full 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 employees on leave without pay. In case a Government servant is under suspension on 31-03-2019 no ad-hoc bonus for the year 2018-19 shall be given for the present. If he is reinstated later on, eligibility of the period under suspension for the purpose of ad-hoc bonus shall be decided on the lines indicated above.
(c) The employees who retired on superannuation or on invalidation on medical grounds or on voluntary retirement or died on or before 31st March 2019 will not be eligible for ad-hoc bonus.
(d) The eligibility of the re-employed Government servants for the purpose of ad-hoc bonus shall be determined on the basis of service rendered during the year 2018-19 after re-employment. The basic pay in respect of such persons shall mean basic pay fixed on re-employment or as increased thereafter and admissible on 31-03-2019 plus pension (including commuted part, if any).
(e) Employees who resigned from service on or before 31-03-2019 shall not be eligible for ad-hoc bonus under these orders.
(f) Employees engaged on part time / casual or on a daily wage or on contract basis will not be eligible for ad-hoc bonus.
(g) Employees appointed as probationer trainee shall not be eligible for ad-hoc bonus.
(h) (1) Government servants who were on deputation on 31-03-2019 if have opted for deputation allowance in terms of this department order No.F.1(47)FD(Gr.2)/82 dated 27th June, 1989, as amended from time to time and are eligible for ad-hoc bonus under this order, shall be paid, the admissible amount of ad-hoc bonus by the borrowing organisation. The eligibility period shall include the continuous service rendered under the Government as also the period spent on deputation upto 31st March 2019. Similarly, Government servants who returned from deputation during the year 2018-19 shall be paid ad-hoc bonus by the Government which may be calculated on the basis of eligible and continuous service rendered under the borrowing organisation and the Government.
(2) In the case of Government servants who were on deputation to Public Sector Undertakings, Cooperative Societies, Autonomous Bodies etc. and who have opted for deputation allowance in terms of this department order No.F.1(47)FD(Gr.2)/82 dated 27th June, 1989, as amended from time to time and are eligible for ad-hoc bonus under this order, out of the amount of bonus paid under the Payment of Bonus Act, 1965 by the aforesaid organisation the amount equal to the amount of ad-hoc bonus admissible under this order shall be retained by the Government servants and the residual amount shall be deposited in the Government account.
(3) Government servants on deputation who have opted for bonus and / or exgratia payable to the employees of the borrowing organisation in terms of this department order referred to above will be entitled to ad-hoc bonus equal to an amount by which, the bonus and / or ex-gratia admissible as per order of the borrowing organisation falls short of the total of (a) the deputation allowance which would have been admissible and (b) the ad-hoc
bonus admissible under this order.
(4) in the case of Government servants belonging to the Cooperative Department and on deputation to Cooperative Institutions registered under the Rajasthan Cooperative Societies Act, 1965 whose terms of deputation are governed by the Cooperative Department Order No. F. 18 (75) Coop./76 dated 13.07.1976 as amended from time to time, ad-hoc bonus, equal to an amount by which the bonus/ex-gratia paid/payable as per terms of deputation falls short of the total of (a) 1.5% of basic pay in Rajasthan Civil Services (Revised Pay) Rules, 2017 or 2.5% of Basic Pay in Rajasthan Civil Services (Revised Pay) Rules, 2008 subject to Rs.600/- per month drawn during the year 2018-19 and (b) the amount of ad-hoc bonus admissible under this order shall be payable by such borrowing Cooperative institution.
(i) In cases where it is in the notice of Head of Office that the Government servant eligible for ad-hoc bonus on 31-03-2019 will definitely become ineligible for grant of ad-hoc bonus due to retrospective grant of pay in Pay Level in the Pay Matrix L-13 in Rajasthan Civil Services (Revised Pay) Rules, 2017 or Grade Pay of Rs.5400/- in Rajasthan Civil Services (Revised Pay) Rules, 2008 and above on promotion in State Services, only pro-rata ad-hoc bonus be permitted provided that the eligibility period is six months or more.
The payment of ad-hoc bonus, except to those Government servants who were on deputation on 31-03-2019, under these orders shall be made by the office in which an employee is posted on the date of issue of this order and it will be chargeable to the Budget Head to which the pay %nd allowances of the employees are charged. The payment of ad-hoc bonus to those Government servants who were sent on deputation after 31-03-2019, but before issuing of this order, shall be made by the office where the employee was posted as on 31-03-2019
This order shall also be applicable to the employees of the Ziia Parishads & Panchayat Samities and the Work-Charged employees who are drawing pay in the pay scales prescribed for them.
Agenda Points for NCJCM and Standing Committee Meetings
NC-JCM-2019/S.C
October 16, 2019
To
All the Staff Side Members
of the National Council (JCM)
Subject : Agenda Points for National Council (JCM) and Standing Committee Meetings.
Dear Friends,
You are aware that the last Standing Committee Meeting of the National Council (JCM) was held on 07.03.2019 and the 47th Meeting of the Departmental Council (JCM) was held on 13.04.2019. The Minutes of both the meetings were already circulated. It is now requested that you may kindly forward Agenda Points with brief / details along with copies of documents referred in the brief to this office by end of this month so that all the Agenda Points can be consolidated and forwarded to the Government for holding the meeting.
Apart from the above please refer to the Minutes of the 47th meeting of the National Council (JCM) Pam 6.4.7 Item No. 14/19/NC-47 on the subject of “Increase in Residency Period for future Promotion”. After discussion the Staff Side agreed to bring specific instances if any to the notice of the Official Side. However this Office has not received any communication from the Staff Side in this regard. Therefore, all Staff Side Members are requested to forward the details justifying our demand so as to enable this Office to take up with the DOP&T / Department of Expenditure.
DA to the CPSE CDA pattern employees drawing pay in 7th CPC pay scales
F.No. W-021003812017-DPE (WC)-GL-XXIV/19
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises
Public Enterprises Bhawan,
Block 14, CGO Complex, Lodi Road,
New Delhi-110003, the 18th October, 2019
OFFICE MEMORANDUM
Subject :- Payment of DA to the CDA pattern employees of CPSEs, drawing pay in 7th CPC pay scales.
The undersigned is directed to refer to Para No. 3 and Annexure-II(a) and 11(b) to this Department’s O.M. No. W-02/0058/2016-DPE(WC) dated 17.08.2017 wherein the rates of DA payable to the employees who are following CDA pattern pay scales have been indicated.
2. The DA payable to the employees may be enhanced from the existing rate of 12% to 17% with effect from 01.07.2019.
3. The payment of Dearness Allowance involving fractions of 50 paise and above may be rounded off to the next higher rupee and the fractions of less than 50 paise may be ignored.
4. These rates are applicable in the case of CDA employees whose pay have been revised with effect from 01.01.2016 as per DPE’s G.M. dated 17.08.2017.
5. All administrative Ministries/Departments of Government of India are requested to bring this to the notice of Central Public Sector Enterprises under their administrative control for action at their end.
Stepping up of pay of senior Assistants of CSS drawing less pay on Promotion
F. No 9/4/2019-CS-I(S)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
2nd Floor, A Wing, Lok Nayak Bhawan, Khan Market,
New Delhi, the 18th October, 2019
Office Memorandum
Subject : Stepping up of pay of senior Assistants of CSS drawing less pay on Promotion in the Section Officers’ Grade than their juniors – OM No. 18/2/2007-CS.I dated 20.05.2014 – Writ Petitions filed in the matter – regarding.
The undersigned is directed to refer to this Department’s OM of even number dated 01.07.2019 where by the Ministries/Departments were asked to defend the Writ Petitions filed in Hon’ble High Court of Delhi in the above matter on the basis of inputs provided by this Department.
2. The above said instructions were issued with a view to ensure that uniform facts are placed before the Hon’ble High Court with analysis of method of pay fixation/re-fixation of the petitioners pursuant to issue of DOPT OM dated 20.05.2014.
3. All the applications filed by a number of applicants were heard together and orders had been passed by the Learned CAT on 11.01.2019 rejecting prayer of the applicants.
4. Against the above orders of CAT, the applicants have filed Writ Petitions in Hon’ble High Court of Delhi. As on date, 10 Writ Petitions have been filed by individual/group of officers. The Ministries/Departments concerned have been asked to prepare counter replies based on the reply filed by this Department in WP No.1225/2019 (Pramod Sahoo & Ors Vs. UOI). Accordingly, the Ministries/Departments are sending the counter replies prepared by them to this Department for vetting.
5. It is observed that the cause of action, prayers made and issues under adjudication in all the cases are the same. Hence, it has been decided that the Ministries/Departments may file the counter reply based on inputs made available by this Department (reply filed in Pramod Sahoo case) in consultation with Government Counsel after ensuring factual accuracy of the case. A copy of the reply so filed may be endorsed to this Department for records.
6. However, all fresh cases filed in Delhi High Court in the matter may be duly reported to this Department by the Ministry/Department concerned as and when the WPs are received at their end. Further, the counter replies may be filed immediately, under intimation to this Department.
7. The Ministries/Departments have also been requested to get their cases tagged/connected with WP No. 1225/2019 so that all the cases containing similar cause of action could be heard together.
8 This issues with the approval of Joint Secretary (CS).
sd/-
(Chandra Shekhar)
Under Secretary to the Govt. of India
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