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Engagement of Ex-Servicemen against vacancies in Safety Categories

By
igeadmin
-

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No.2019/Trans Cell/Civil/Contractual Staffing

New Delhi, dated: 29-04-2019 / 24-05-2019

The General Manager, All Indian Railways/PUs, NF(Con), CORE
The DG/RDSO & NAIR,
CAOs, DMW/Patiala, WPO/Patna, COFMOW/NDLS, RWP/Bela, IROAF

Sub : Engagement of Ex-Servicemen against vacancies in Safety Categories of Bridge Organization, Track Machine Organization and other similar technical safety Categories on Contract Basis.

Ref : No. 2018/Trans Cell/S&T/Contractual Staff, dated 20.11.2018.

1.0 . Regarding, engagement of Ex Servicemen against vacancies in Safety Categories for Bridge Organization, Track Machine Organization and “other similar technical safety Categories” on Contract Basis following policy has been approved by Board (ME, MS, FC and CRB).

2.0 Zonal Railways with the approval of General Manager in consultation with PFAs. PCPOs and concerned PHODs may permit hiring of services of Ex-Servicemen on Contractual basis against sanctioned vacancies in Pay Grade Level 1 to 7 in Track Machines, Bridge and other similar technical safety categories. The contractual hiring may be resorted to, for a limited period of time, till the vacancies are filled in through regular channel (RRBs, RRCs etc.), duly taking care of the safety and competencies required for a particular job. The responsibility of Safety and Security however shall remain with the competent Railway Servant and the recruited Ex-Servicemen shall work under the guidance and supervision of regular Railway Servants. The hiring of Ex-Servicemen may be done by either entering into suitable MOUs or other contractual arrangements as deemed fit with Defense Organizations engaged in resettlement of Ex-Servicemen.

3.0 The Contractual staffing is to be done against clear vacancies against direct recruitment quota. As soon as the vacancies are filled up by fresh recruitment or any other mode including compassionate ground appointments, the contractual engagement made through this channel should be reduced accordingly.

4.0 This scheme is launched on experimental basis and shall remain valid for 2 Years from the date of issue of this letter. Other conditions, as contained in letter under reference may be relied upon to the extent applicable in the instant case but the General Managers can modify these conditions keeping in view the local needs.

5.0 This issues with the concurrence of Associate Finance of Transformation Cell, Railway Board.

Kindly acknowledge the receipt and ensure compliance.

Sd/-
(A. K. Chandra)
Executive Director, Transformation

Signed Copy

BSNL Minutes of the 38th meeting of the National Council held on 29th April 2019

By
igeadmin
-

BSNL Minutes of the 38th meeting of the National Council held on 29th April under the chairpersonship of Director (HR), BSNL Board

BHARAT SANCHAR NIGAM LIMITED
A GOVERNMENT OF INDIA ENTERPRISE)
SR CELL, Corporate Office
8th Floor, Bharat Sanchar Bhawan,
Harish Chandra Mathur Lane,
Janpath, New Delhi-110 001

No. BSNL/39-3/SR/2018

Dated, the 24.05.2019

Sub : Minutes of the 38th meeting of the National Council held on 29th April under the chairpersonship of Director (HR), BSNL Board.

The 38th meeting of National Council was held at 11:00 AM on 29th April 2019 in the Conference Hall, Bharat Sanchar Bhavan, New Delhi. The list of participants is available at Annexure-I.

2. GM (SR) welcomed the Chairperson and all the participants of the meeting. He said that the Staff Side members have come from the different parts of the country with lot of passion and dedication. He stated that the NCM is the platform where Management gets the time to fix the hole whereas most of the time it is busy bailing out water from the boat. Every NCM is the opportunity to strengthen the bonds between Staff side and Management side but this NCM is special as this is going to be the last NCM for the present incumbent Chairperson i.e. Director(HR). At the end of his welcome speech he invited Staff side for the felicitation of Chairperson i.e. Director(HR).

3. Leader, Staff Side in his felicitation address praised the leadership of Madam Sujata Ray, Director (HR) stating that whenever they sought time to discuss their grievances they were given opportunity. He also appreciated Director(HR) for her ability to take quick decision.

4. Secretary, Staff Side also appreciated the crucial role of Director(HR) in settling the issues of employees. He, further appreciated Director(HR) Chairperson NCM for being kind heartedness in resolving the issues related to Compassionate Appointment to the wards of BSNL employees who died in accident, grant of her approval for adopting relaxed standard in case of SC/ST employees appearing in LICE as per DOPT instructions and grant of unlimited plan for mobile service connection to BSNL employees.

5. Sh. Islam Ahmed and Sh. Swapan Chakraborthy, Members Staff Side also felicitated Director(HR).

3. Director (HR), the Chairperson National Council in her opening address thanked Shri Chandeshwar Singh, Leader Staff Side, Sri P. Abhimanyu, Secretary, Staff Side, and all the participants in the 38th Meeting in the NCM for the felicitation extended to her. She mentioned that the National Council is an August Body and the highest forum for discussing the matters concerning staff and that she has tried to honour the dignity and free spirit of this august body and given its true place. She appreciated the efforts of Unions and Associations who always come with zeal and worked hand in hand to solve most of the problems by offering one solution or the other like Service with A Smile (SWAS), Extra one Hour etc. when BSNL is passing through a phase of turbulent time during last few years She said that staff side in the National Council is represented by very able leaders. She hoped that management side and staff side would continue to work together and the HR team will take all the pending issues to a logical conclusion. She stated that she has tried to provide free, transparent and honest administration during her tenure.

Thereafter, GM(SR) invited Leader Staff Side to address the NCM.

4. Leader, Staff side once again greeted Chairperson and all the participants and mentioned the following issues for consideration by the Management.

I. Restarting the Wage revision negotiation of Non-Executives.
II. Pending Presidential Orders in respect of left out staff of BSNL specially of Bihar Circle.
III. Revision of Wages of Casual Laborers on the basis of 7th CPC.
IV. Case of 56J from Ferozpur SSA, Punjab Circle.
V. Notification of JE and TT LICE.
VI. Preparing New Promotion Policy for Non-Executives.
VII. Lifting ban on Compassionate Appointment.

5. Secretary, Staff Side raised/submitted following issues for consideration of management:-

a. Negotiation for Wage revision should be resumed immediately.
b. 8th Membership Verification for Non-Executives shall be carried out immediately. He stated that any further postponement will create more difficulties than solving anything.
c. Raised point regarding sole representative union on securing more than 50% votes. He stated that 2nd Union should also get recognition , even if the 1st Union gets 50% or more votes.
d. JAO LICE not conducted for long time.
e. Relaxed standard of questions for JE LICE.
f. Opposing the proposal for VRS.
g. Land Monetization funds should not be used to fund VRS.

6. Thereafter, the agenda items were taken up for discussion.

1) Resume the wage negotiation for the Non-Executives.

Staff side demanded that the wage negotiation should resume immediately and bring to the logical end. Management side stated that the settlement of wage revision for Non-Executive is not possible without the settlement of the pay revision for the Executives. As the wage revision of Executives has not taken place till now, the issue of wage negotiation of Non-Executives have been taken up with DoT for guidance. No guidance/clarification has been received from DoT. Reminder has also been issued to DoT. Staff side stated that as DoT has already given the go ahead for wage negotiation hence it shall be resumed and the agreement shall be signed. Director (HR) and Chairperson asked to have a discussion in the joint committee which was not accepted by the staff side. Chairperson directed that matter shall be expedited with DoT.

–Action by SR

2) Requesting to hold the JAO 40% LICE.

Staff side demanded to hold the JAO exam expeditiously by approving the amendments to the Recruitment Rules. The Management side replied that the amendments to the RR are awaiting approval of the Board. The JAO exam will take place as soon as the amendments to RR is approved.

—Action by Recruitment

3) Eligibility of the candidates with M.Com and M.A. qualifications obtained directly from the Madurai Kamaraj University the JAO LICE.

The staff side demanded that the officials who have acquired MCom and MA qualifications directly without completing Degree, should also be considered for eligibility to the JAO LICE on the analogy of the Hon’ble CAT judgement, in respect of JE LICE. Director(HR) Chairperson stated that PGM(Pers) may study the judgement and see if some analogy can be drawn from the earlier judgment.

—Action by Pers

4) Review of the results of SC/ST category candidates appeared in the LICE of Assistant Manager (CCS stream) held on 20.01.2019 as per the DoT order No.22- 5/61-NCG dated 30.11.92.

The staff side demanded that the results of the SC/ST candidates who appeared in the recent Assistant Manager examination should be viewed based on the DoT letter dated 30.11.1992 adopting lesser standards of evaluation to the SC/ST candidates. Director (HR) directed that review of failed candidates shall be done on the basis of DoT letter.

—Action by Pers

5) Strengthening and ensuring financial health of the BSNL.

The Staff Side highlighted that at the time of formation of BSNL, the Cabinet has taken decision to ensure the financial viability of BSNL. They demanded that this should be implemented. The Govt., DOT, has signed an agreement on 08-09-2000 with unions assuring to keep the new entity, BSNL, financially viable and healthy, of late the financial health of the company has deteriorated considerably and it has alarmed the workforce. The Group of Ministers has also decided at the time of corpotarisation and assured that the financial viability of BSNL will be fully taken care of and in no circumstances the PSU will be allowed to become unviable. The assurances and commitments need to be honored.

Management side stated that based on the recommendation of IIM(A), DoT had directed BSNL to submit the following Revival proposal in order to strengthen and make BSNL more financially viable.

Staff side also demanded that they should be apprised of the decision of BSNL regarding BSNL proposal related to restructuring and revival of BSNL.

After discussions,it was suggested that a copy of decision of Group of Ministers as provided by Unions will be given to Restructuring & CA Unit who in turn will take up the matter with DoT on the said decision of ensuring financial viability of BSNL.

—Action by Restructuring and CA

6) Evolve new promotion policy for non-executive staff.

The Staff side submitted that their grievances and hardships relating to NEPP. Staff side stated that these have not been addressed. Apart from above, the Directly Recruited Non-Executives are also having genuine grievances in the NEPP. Therefore, Staff side demanded that a new promotion policy akin to Executives be evolved not only to meet the aspirations of BSNL recruited staff but also to redress the hardships of absorbed employees. Management side replied that this cannot be considered at this juncture and may be relooked into at later stage.

—Action by Establishment

7) Repatriation of staff from rural areas after completion of the prescribed tenures.

Staff side stated repatriation of Non-Executive staff from rural to urban areas gets delayed on the plea of cutoff date and urged that the cutoff date prescribed as well as recent TA/DA restriction should not stand in the way in repatriation of staff from rural to urban areas after completion of the tenure as in the case of executives. PGM(Pers) assured to issue clarification in this regard within a week.

—Action by Pers.

8) Relaxation in the educational qualification in LICE for promotion to Telecom Technician Cadre

Staff Side stated that the posts of Telecom Technician are vacant in many circles as sufficient candidates having 10th standard qualification are not available for the LICE.and demanded that atleast one time relaxation be granted in educational qualification so that the employees, not possessing. Matric qualification, get opportunity to appear in the LICE.

The issue was deliberated and it was informed by the Management Side that time and again this issue has been examined and it has been observed that lowering of educational qualification will affect the efficiency of organization, hence it cannot be considered.

—Action by Establishment

The meeting ended with a vote of thanks.

(Pardeep Kumar)
AGM (SR), BSNL C.O

Signed Copy

Engagement of a consultant in the Department of Pension & Pensioners Welfare

By
igeadmin
-

F.No.26020/17/2019-Adm.I
Ministry of Personnel PG & Pension
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi
Dated 22nd May, 2019

OFFICE MEMORANDUM

Subject : Engagement of a consultant in the Department of Pension & Pensioners Welfare-reg.

The Department of Pension & Pensioners’ Welfare intends to engage a consultant to assist the Department for undertaking comprehensive review/revision of CCS (Pension) Rules and orders issued by the Government on the subject of pensionary benefits and other important issues requiring immediate attention. The revision and review of the rules etc. is being undertaken by the Department in compliance with recommendation of the Hon’ble Supreme Court in the matter of UoI Vs. R. Sethumadhavan and Other. In addition, the Department may also assign the consultant any other work related to this Department.

2. Accordingly, applications are invited from retired Central Government Employees having been retired from the post of Deputy Secretary/Director or equivalent i.e.to say from any-post carrying the following Pay Band/Pay Matrix

i. Rs.15600 – 39100 + 7600 Grade Pay; or
ii. Rs.37400 – 67000 + 8700 Grade Pay; or
iii. Pay Matrix 12 or 13 under 7th CPC

MANDATORY SERVICE EXPERIENCE

The applicant should have a minimum of 3 years experience in dealing with pension cases and pension related court cases of Central Government Employees.

AGE

Age should not be more than 65 years on the date of advertisement.

REMUNERATION

On selection, the consultant will be paid consolidated remuneration equivalent to his last pay drawn minus pension. He will also be paid Dearness Allowance on the remuneration amount kt the rates applicable for Central Government Employees on the date of engagement. No other allowance such as HRA/Transport Allowance etc. will be payable to the consultant.

The consultant may be required to undertake outstation visits also for which he will bepaid Travelling Allowance/hotel/guest-house reimbursement as per rules applicable to
equivalent scales.

DURATION OF ENGAGEMENT

The duration of engagement will be one year from the date of initial engagement which period may be curtailed or extended at the sole discretion of the Department and the same will be binding on the consultant.

The appointment of consultants would be on full-time basis and he will not be permitted to take up any other assignment during the period of Consultancy with the DoP&PW.

The appointment of consultant is of a temporary (non – official) nature and the appointment can be cancelled at any time by the Department without assigning any reason.

3. Retired central government officers desirous of consideration for the above assignment may submit their application in the prescribed proforma (Annexure-I), to Shri Ashok Kumar Singh, Under Secretary (Admn.I), Department of Pension & Pensioners Welfare, 3rd Floor, Lok Nayak Bhawan, Khan Market, New Delhi – 110 003 latest by 7th June, 2019 either in person or through post. Applications received beyond the closing date or giving false information will not be entertained and will be summarily rejected, Only shortlisted candidates will be intimated and Department of Pension & PW reserves the right to reject any or all applications without assigning any reason.

Encl. As above ..

sd/-
(Ashok Kumar Singh)
Under Secretary to the Govt. of India

Signed Copy

Post Office Saving Schemes – Sanction deceased claim cases

By
igeadmin
-

Post Office Saving Schemes – sanction deceased claim cases

SB ORDER NO. 05/2019

F.No.116-12/2016-SB
Government of India
Ministry of Communications & IT
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi-110001.
Date: 20.05.2019

To,
All Heads of Circles/Regions
Addl. Director General, APS, New Delhi.

Subject:- Amendments to Rule 60(4)(B) and Rule 165(4)(ii) of POSB(CBS) Manual, Rule 87(4) (ii)POSB Manual Volume I and Rule 50(4)(ii) of POSB Manual Volume II regarding change in powers of various authorities to sanction deceased claim cases and their time line in respect of Post Office Savings Schemes, including Certificates, where no nomination is registered and there is no legal evidence available/produced.

Sir / Madam,

The undersigned is directed to say that the competent authority has decided to amend the text of the aforesaid rules with immediate effect.

Revised Text of Rule is as given below.

“The authorities mentioned below are competent to sanction claims without production of legal evidence up to the limit noted against each, after expiry of Six (6) Months from the date of death of the depositor, if no succession certificate or probate of will or letter of administration of the deceased estate is produced during the period or up to the date of sanction.”

SL.NO NAME OF AUTHORITY LIMIT IN (RS.)
(i) Time Scale Departmental Sub-Postmasters 5,000
(ii) Sub Postmasters in Lower Selection Grade/PM Grade-1 10,000
(iii) Sub-Postmasters/DeputyPostmasters/Postmasters in Higher

Selection Grade (all Non Gazetted)/PM Grade -II and III*

 25,000
(iv) Deputy Postmasters/Senior Postmasters/Deputy ChiefPostmasters/Superintendent of PostOffices/Deputy Superintendent of Post Offices (All Gazetted Group-B) 1,00,000
(v) Chief Postmasters in GPO/Head Offices, Senior Superintendents of Post Offices (All Gazetted Group-A) 2,50,000
(vi) Director HQ/Regional Directors/Director (GPO) 3,75,000
(vi) Chief Postmasters General/Postmasters General 5,00,000

2.It is requested that this SB order may be circulated to all concerned including CBS/non-CBS Post Offices. In case where claims are not yet submitted or claims are already submitted but not yet sanctioned, these revised provisions should be made applicable.

This issues with the approval of competent authority.

Yours faithfully,

( Devendra Sharma )
Assistant Director (SB)

Signed copy

General Election 2019 Results on ECI Website

By
igeadmin
-

General Election to the House of the People – 2019

Real-Time Dissemination of Counting Day Trends and Results

The Counting of Votes for General Election to the House of the People – 2019 shall be held on 23rd May, 2019. In this regard, the Commission has come up with a new IT based initiative, which will enable the system in providing real-time trends and results of the vote counting across the States/UTs. The counting trends and results will be available on the ECI Website at the URL https://results.eci.gov.in as well as on the Voter Helpline App, both iOS and Android Mobile Apps. The dissemination will start functioning from 8.00 a.m. on the Counting Day and would be continuously updated.

The Voter Helpline App can be downloaded from the Google Play Store or Apple Play Store. For the first time, the citizens can use a smart phone to know the results. They can use the available filter to find out the winning/leading or trailing candidate details, along with the Constituency-wise or State-wise results from the Voter Helpline App. The citizens can bookmark their favourite candidate and watch the real-time results, as per their convenience on the Voter Helpline App or make a wish list to track the real-time status.

The local display of the trends and results by the CEOs/ROs/DEOs will also be done through the Digital Display Panels provided by Election Commission of India.

Request of ante dating of increment by some DR ASOs of 2005 and 2006 – DOPT

By
igeadmin
-

Request of ante dating of increment by some DR ASOs of 2005 and 2006 – DOPT

No. 7/15/2007-CS.I(A) (Vol.II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel and Training)
*****

2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 20th May, 2019

ORDER

WHEREAS, some Direct Recruit Assistant Section Officers (ASOs) of CGLE 2005 and 2006 have requested for ante dating their increment dates as they were nominated in different batches for mandatory training;

AND WHEREAS, it is mandatory for every Direct Recruit ASO to undergo foundational training course first before they could be allotted any Ministry / Department;

AND WHEREAS, the first batch of ASOs belonging to CGLE 2005 and CGLE 2006 had joined in July 2008 and October 2009 respectively:

AND WHEREAS. the concerned ASOs who were nominated in later batches of mandatory training had not completed six months of service for earning Annual Increments unlike their other batchmates who were nominated in the first batch.

AND WHEREAS, representations were received in September, 2009 from some DR ASOs of CGLE 2005 requesting for ante dating their increments.

AND WHEREAS, the case was examined in this Department and it was not agreed to as the request was not in consonance with the Department of Expenditure’s O.M. dated 13.09.2008.

As per Para 2 clarification 1 (i) of Department of Expenditure’s OM dated 13.09.2008 specifically states as under:

As per Rules 10 of CCS (RP) Rules, 2008, there will be one uniform date of annual increment, viz. l July of every year. Government servants completing six months and above in the revised pay structure as on 1st July will be eligible to be granted the increment. Accordingly, all Government servants who earned their last increments between 02 01 2005 and 01.01.2006 would get their next increment on 01.07 2006.-

AND WHEREAS, the ASOs of CGLE 2005 submitted fresh representation during 2015-2016 and representations were also received from ASOs of CGLE 2006 batch during the year 2016. The matter was re-examined in detail and it was found that no new facts were brought out to review the decision taken earlier and accordingly it was decided with the approval of the Competent Authority, to wait for the outcome of the case in WP No. 1738/2017 challenging the eligibility criteria for counting the approved service in ASO Grade which was and is still pending in High Court.

AND WHEREAS, an OA (100/3397/2018) was filed by some aggrieved DR ASOs in CAT, (PB), Delhi on the same grounds. CAT, PB vide order dated 11.09.2018 has disposed of the OA at the admission stage with directions to DOPT as under

…….the respondents are directed to pass a reasoned and speaking order on the representation of the applicants within three months from the date of receipt of a certified copy of the this order. The OA is, accordingly, disposed of at the admission stage itself. “

AND WHEREAS, the concerned ASOs vide their representations had sought the following benefits:

i. In r/o CGLE-2005 batch, for grant of increment w.e.f 01.07.2009 instead of 01.07.2010
the date from which they have got the increment presently, because of the condition of having completed six months service thereon, as stipulated in DOE’s O.M. dated 13.09.18.

ii. In r/o CGLE-2006 batch, for grant of increment w.e.f 01.07.2010 instead of 01.07.2011 the date from which they have got the increment presently, because of the condition of having completed six month service thereon 1 as stipulated in DOE’s O.M. dated 13.09.18.

iii. To fix the pay notionally from the actual date of joining of the first candidate of their batches;

iv. To consider their service counted from the date of joining of the first candidates for the purpose of pension and qualifying service.

AND WHEREAS, the matter was again examined in this Department and it was observed that a Government Servant is eligible to draw the pay only from the date of assumption of charge. The concerned ASOs were not eligible for pay parity with their batchmates as they attended mandatory training in different batches. As such, they had not completed six months of service for earning annual increment along with their other batchmates who were nominated in the first batch, in terms of Department Of Expenditure’s O.M. dated 13.09.2008. Thus, they were not eligible for antedating of increment at par with their batchmates.

AND WHEREAS, it is also observed that the concerned ASOs of 2005 & 2006 batches who were nominated in the later batches of training have however been given all due benefits like approved service. eligibility for SO-LDCE, which accrued to their batchmates who were appointed in the earlier batches.

AND WHEREAS, the matter was examined in consultation with D/o Expenditure. An interim reply vide letter dated 31.12.2018 in light of directions of CAT, was also sent to all applicants and counsel for applicants and respondents as well.

AND WHEREAS. Department of Expenditure has examined the case and found the claim for antedating of increment not in conformity with the extant instructions and rejected the claim for ante¬dating of increment in respect of the said ASOs.

NOW THEREFORE, it has been decided that since the instant claims of the DR ASOs of CGLE 2005 and 2006 batches are not in consonance with the extant rules and the fact that these representations were examined in 2009 and rejected on the same ground and no new ground has been brought forth in these representations, hence the claim is hereby rejected as it is devoid of merit.

(George D. Toppo)
Under Secretary to the Government of India

Signed Copy

Preparation and Maintenance of APARs of Non-gazetted Railway servants

By
igeadmin
-

Preparation and Maintenance of APARs of Non-gazetted Railway servants

RBE No. 69/2019

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(NG)I-2019/CR/2

New Delhi dated 29/04/2019

The General Managers(P)
All Zonal Railways &
Production Units etc.,
(As per standard list).

Sub :- Preparation and Maintenance of Annual Performance Appraisal Reports(APARs) of Non-gazetted Railway servants.

Reference is invited to para 1(iii) of Board’s letter No. E(NG)I-2001/CR/7 dated 22.08.2001, in which it was inter-alia laid down that “where the Reporting Authority or Reviewing Authority retires or demits office, he should report/review the Confidential Reports of all railway servants working under him ordinarily within a period of one month from the date of such retirement or demission of office.

2. It is pointed out that non-initiation/non-finalisation of Annual Performance Appraisal Reports (APARS) in time delays selections and affects employees promotional prospects. The matter was also raised recently by AIRF in the March, 2019 PNM meeting with Board. Accordingly Zonal Railways/Productions Units may ensure that the instructions contained in Board’s letter ibid are reiterated down the line for strict compliance.

Please acknowledge receipt

(M.K.Meena)
Deputy Director Estt (N)
Railway Board

Signed Copy

Source : NFIR

Admission in Sanskriti School, information about officers coming to transfer to Delhi in the last five years

By
igeadmin
-

Admission in Sanskriti School, information about officers coming to transfer to Delhi in the last five years

Reminder

No.16/43/2015—Welfare(Vol.II)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
(Welfare Section)

Lok Nayak Bhawan, Khan Market
New Delhi 110003
Dated: 10th May, 2019

Office Memorandum

Subject: Admission in Sanskriti School, information about officers coming to transfer to Delhi in the last five years — reg.

The Undersigned is directed to refer to this department OM no. 16/43/2015 —Welfare(Vol.II) dated 15/02/2019 the above mentioned subject wherein it was stated that in connection with case C.A. No. 511/2016 pending before the Hon’ble Supreme Court of India, the Attorney General of India has directed to provide him with data on the number of officers of the All India Services and officers working under Central Government coming to Delhi on transfer/Central Staffing Scheme(CSS).

2. It has been observed that year wise data of the number of officers of the All India Services and officers working under Central Government coming to Delhi on transfer/Central Staffing Scheme(CSS) for the last 5 years has been received from very few Ministries/Departments. Ministries/Departments who have yet not send requisite year wise data, as stated above, are once again requested to provide the data to this department at the earliest by post or through email-id welfaresection-dopt@gov.in.

(Pradeep A)
Under Secretary to the Government of India

Signed Copy

DOPT Orders 2019

Notional Increment for pensionary benefits on 1st July on retirement on superannuation wef 30th June: CAT Order

By
igeadmin
-

Notional Increment for pensionary benefits on 1st July on retirement on superannuation wef 30th June: CAT Order

Central Administrative Tribunal
Madras Bench

MA/310/00071/2019 (in) (&) OA/310/00170/2019

Dated 13th March Two Thousand Nineteen

PRESENT

Hon’ble Mr. R.Ramanujam, Member(A)
&
Hon’ble Mr.P.Madhavan, Member(J)

1. K.Kandasamy
2. K.Rajarajacholan
3. M.Samathuvam
4. R.Kannan .. Applicants
By Advocate M/s.P.Chandrasekaran

Vs.

1. Union of India, rep by the
Chairman, CBEC,
North Block,
New Delhi 110 001.
2. Union of India, rep by the
Department of Personnel & Training,
North Block, New Delhi.
3. The Principal Chief Commissioner of Central Tax,
121, Mahatma Gandhi Salai,
Nungambakkam, Chennai 600 034.
4. The Chief Commissioner of Customs,
(Preventive),
No.1, Williams Road, Cantonment,
Trichy 620 001.
5. The Commissioner of GST Central Excise,
No.1, Foulks Compound,
Anaimedu, Salem 636 001.
6. The Commissioner of Customs
(Preventive),
No.1, Williams Road, Cantonment,
Trichy 620 001.

ORDER
[Pronounced by Hon’ble Mr.P.Madhavan, Member(J)]

MA for joining the applicants together and filing a single application is allowed.

2. The above OA is filed seeking the following relief:-

“To direct the respondents to grant one Notional Increment for the period from 01.7.2016 to 30.6.2017 to the applicants 3 & 4 and 01.7.2017 to 30.6.2018 to the 1st and 2nd applicants as they have completed one full year of service though their increment fell on 01.7.2017 and 01.7.2018 respectively, for the purpose of pensionary benefits.”

3. According to the applicants, they retired from service on 30th June of their respective years of superannuation and since they will be completing an year of service on 1st of July they are entitled to one more increment and it has to be counted for pensionary benefits.

4. The very same question came up before this Bench in OA 1710/2018 & Batch and the claim raised by the applicants therein was rejected on the basis of the law laid down by the Hon’ble Apex Court. The Hon’ble Supreme Court in Chief General Manager v. U.V.George & Others (2008) 14 SCC 699 had laid down the law relating to the retirement of a Central Government employee under FR 56. It was held that a person is considered as retired on his attaining 60 years and they are permitted to continue till 30.6.18 only for the purpose of pay and allowances only. “We are unable to countenance with the decision of the Tribunal and the High Court. As already noticed they were retired w.e.f. 16.12.95 and 03.12.95 respectively, but because of the provision under FR 56(a) they were allowed to retire on the last date of the month, the grace period of which was granted to them for the purpose of pay and allowances only. Legally they were retired on 16.12.95 and 03.12.95 respectively and therefore, by no stretch of imagination can it be held that their pensionary benefits can be reckoned from 1.1.96. The relationship of employer and employee was terminated in the afternoon of 16.12.95 and 3.12.95 respectively.”

5. The same principle was followed by the Hon’ble Madras High Court in A.V.Thiyagarajan vs. The Secretary to Government (W.P.No.20732/2012 dated 27.11.2012) and by Hon’ble Karnataka High Court in Union of India & 3 Others v. YNR Rao (WP 18186/2003). In YNR Rao’s case it is observed in Para-5 that –

“5. But for the provisions of FR 56, which provides that a Government Servant shall retire from service on the afternoon of last date of the month in which he had attained the age of 58 years, the respondent, who was born on 9.3.1937 would have retired on 8.3.1995. The provision for retirement from service on the afternoon of the last date of the month in which the Government Servant attains the age of retirement instead of on the actual completion of the age of retirement in FR 56 was introduced in the year 1973-74 for accounting and administrative convenience. What is significant is the proviso to clause (a) of FR 56 which provides that an employee whose date of birth is first of a month, shall retire from service on the afternoon of the last date of the preceding month on attaining the age of 58 years. Therefore, if the date of birth of a government servant is 1.4.1937 he would retire from service not on 30.4.1995, but on 31.3.1995. If a person born on 1.4.1937 shall retire on 31.3.1995, it would be illogical to say a person born on 9.3.1937 would retire with effect from 1.4.1995. That would be the effect, if the decision of the Full Bench of the CAT, Mumbai, is to be accepted. Therefore, a government servant retiring on the afternoon of 31.3.1995 retires on 31.3.1995 and not from 1.4.1995. We hold that the decision of the Full Bench (Mumbai) of the CAT that a government servant retiring on the afternoon of 31st March is to be treated as retiring with effect from the first day of April, that is same as retiring on the forenoon of first of April, is not good law.”

The grace period so given cannot be tagged with his substantive service for counting further increments.

6. Further, Rule 10 of CCS (Pension) Rules does not permit to take into consideration emoluments which fell due after retirement.

7. From the above, it can be seen that an employee legally retires on attaining superannuation (60 years) and as per the decision, the relationship of employer employee is terminated. They continue thereafter as a grace period given to the employee under FR 56. There is no provision to consider this grace period alongwith his service prior to his retirement. So, we are of the view that the applicants had failed to make out a prima facie case. We are bound to follow the law laid down by the Hon’ble Supreme Court and there is no merit in the contentions raised by the applicants.

8. Hence we dismiss the OA accordingly. No costs.

(P.Madhavan)
Member(J)

(R.Ramanujam)
Member(A)

Signed Copy

Tamilnadu Dearness Allowance to the Pensioners from January 2019

By
igeadmin
-

Tamilnadu Dearness Allowance to the Pensioners from January 2019

Government of Tamil Nadu
2019

MANUSCRIPT SERIES

FINANCE [Pension] DEPARTMENT
G.O.Ms.No.154, Dated 20th May 2019.
(Vihari, Vaikasi-06, Thiruvalluvar Aandu 2050)
ABSTRACT

PENSION – Dearness Allowance to the Pensioners and Family Pensioners – Revised rate admissible from 1st January 2019 – Orders – Issued.

Read the following:-

1. G.O.Ms.No.316, Finance (Pension) Department, dated: 19-09-2018.
2. From the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners’ Welfare, New Delhi Office Memorandum No.42/04/2019-P&PW (D), dated 06-03-2019.
3. G.O.Ms.No.151, Finance (Allowances) Department, dated:20-05-2019.

-oOo-

ORDER:

In the Government Order first read above, orders were issued sanctioning the revised rates of Dearness Allowance to the State Government Pensioners / Family Pensioners as detailed below:-

Date from which payable Rate of Dearness Allowance
[per month]
[1] [2]
1-7-2018 9 per cent of Basic Pension /
Family Pension

2. Government of India, in its Office Memorandum second read above has enhanced the Dearness Allowance payable to its Pensioners / Family Pensioners from the existing rate of 9% to 12% with effect from 1st January 2019.

3. In the Government order third read above, orders were issued revising the Dearness Allowance payable to State Government employees and teachers from the existing rate of 9% to 12% with effect from 1st January 2019, following the Government of India’s decision on enhancing the Dearness Allowance to its employees.

4. Following the orders issued by the Government of India, the Government sanction the revised rate of Dearness Allowance to the State Government Pensioners / Family Pensioners as indicated below

Date from which payable Rate of Dearness Allowance
[per month]
[1] [2]
1-1-2019 12 per cent of Basic Pension
/ Family Pension

5. The additional installment of Dearness Allowance payable under these orders shall be paid in cash with effect from 1-1-2019.

6. The arrears of Dearness Allowance for the months of January 2019 to April 2019 shall be drawn and paid by existing cashless mode of Electronic Clearance System (ECS). While working out the revised Dearness Allowance, fraction of a rupee shall be rounded off to next higher rupee if such fraction is 50 paise and above and shall be ignored if it is less than 50 paise.

7. It will be the responsibility of the Pension Disbursing Authority including Public Sector Banks to calculate the quantum of Dearness Allowance payable in each individual case.

8. Pending formal authorisation by the Principal Accountant General, the revised Dearness Allowance shall be paid straightaway by the Pension Pay Officer, Chennai-35, Treasury Officers and Public Sector Banks concerned.

9. This order will apply to the following categories of pensioners:-

(i) Government Pensioners, Teacher Pensioners of aided and local body educational institutions and other pensioners of local bodies.

(ii) The State Government employees who had drawn lumpsum payment on absorption in Public Sector Undertaking / Autonomous Body / Local Body / Co-operative institution and have become entitled to restoration of commuted portion of pension as well as revision of the restored amount.

(iii) Present and future family pensioners; In the case of divisible family pensioners, Dearness Allowance shall be divided proportionately.

(iv) Former Travancore-Cochin State pensioners drawing their pension on 1st November, 1956 in the Treasuries situated in the areas transferred to Tamil Nadu State on that date, i.e. Kanniyakumari District and Shencottah Taluk of Tirunelveli District.

(v) Pensioners who are in receipt of special pensions under Extraordinary Pension Rules, Tamil Nadu and Compassionate Allowance.

10. The expenditure on Dearness Allowance payable to the Pensioners and Family Pensioners shall be debited to the respective following Heads of Account:

“2071. Pension and Other Retirement Benefits – 01. Civil – 101. Superannuation and Retirement Allowances – State’s Expenditure – AC. Dearness Allowance to Pensioners – 303. Dearness Allowance (D.P.C. 2071 01 101 AC 30300)”

“2071. Pension and Other Retirement Benefits – 01. Civil – 105. Family Pensions – State’s Expenditure – AC. Dearness Allowance to Family Pensioners of Tamil Nadu Government – 303. Dearness Allowance (D.P.C. 2071 01 105 AC 30300) “.

11. The orders regarding sanction of Dearness Allowance to the widows and children of the deceased Contributory Provident Fund / Non Pensionable Establishment beneficiaries of State Government and the former District Boards
who are drawing ex-gratia will be issued separately.

12. The increased expenditure due to the sanction of Dearness Allowance in this order is allocable among the successor States as per the provisions laid down under the State Reorganization Act, 1956.

(BY ORDER OF THE GOVERNOR)

K.SHANMUGAM
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

Signed Copy

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