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CBIC – Grant of up-graded pay scale to Assistant Director(OL), Sr. Hindi Translator and Jr. Hindi Translator

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igeadmin
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CBIC – Grant of up-graded pay scale to Assistant Director(OL), Sr. Hindi Translator and Jr. Hindi Translator

Court Matter
By FAX/ Speed post

F. No. A-23011/72/2018-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

North Block, New Delhi,
Dated the 15 July, 2019.

To,
All Pr. Chief Commissioners/ Chief
Commissioners/ Director General under CBIC,

Subject : Grant of up-graded pay scale to Assistant Director(OL), Sr. Hindi Translator and Jr. Hindi Translator, posted under the office of Central Board of Indirect Taxes and Customs – reg.

I am directed to say that many court cases have been filed across the country for extending the benefit of Department of Expenditure’s OM No. 70/11/2000-IC dated 14.07.2003 vide which higher pay scales of Rs 5500-9000/-, Rs 6500-10500/- and Rs 7500-12000/- were extended to Jr Hindi Translator, Sr Hindi Translator and Asst. Director of CSOLS w.e.f. 01.01.1996(notionally) but actual payments in the higher pay scales were allowed w.e.f. 11.02.2003.

2. The Department of Expenditure vide OM No. 70/5/2003-IC dated 29.03.2004 has clarified that upgraded pay scales approved by the Government are specific to the posts of CSOLS (Central Secretariat Official Language Services) and cannot be extended to similarly designated posts elsewhere.

3. One, Sh Dhananjay Singh, filed an OA No. 912/04 in the Hon’ble CAT, Kolkata Bench challenging the aforesaid OM dated 29.03.2004 and pleaded for upgraded pay scales and for removing disparity between those working in CSOLS and outside CSOLS, which was allowed by the CAT Kolkata Bench. The Judgment was upheld by the Hon’ble High Court of Kolkata as well as by the Hon’ble Apex Court vide Order dated 25.07.2013.

4. The matter for extending the benefits of the Order of the Supreme Court dated 25.07.2013 to all similarly placed persons posted in CBIC is being considered in Board in consultation with Department of Expenditure. In this regard, the information in respect of all the similarly placed officials is required for processing the proposal further.

5. In view of the above, it is requested to provide the following information in respect of each of the three cadres, i.e., Assistant Director(OL), Sr. Hindi Translator and Jr. Hindi Translator where the benefit of Sh. Dhananjay Singh case is yet to be extended to similarly placed persons:-

i. No. of similarly placed persons supposed to be covered for allowing the benefit as above.
ii. Estimated financial implication for extending the benefit to the similarly placed person.

6. You are requested to kindly provide the details/information on the points mentioned to the Board for taking up the matter with D/o Expenditure. Since a number of court cases are pending at various forums, it is requested to expedite this exercise and the detail information be made available within 2 weeks of the receipt of the letter.

Yours faithfully,

(Gaurav Shukla)
Under Secretary to the Government of India

Signed Copy

Anomaly in determining notional pay – 7th CPC Revision of Pension

By
igeadmin
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Anomaly in determining notional pay – 7th CPC Revision of Pension

No.29018/02/2019.AIS-II(Pension)
Government of India,
Ministry of Personnel,P.G. and Pensions
Department of Personnel and Training
AIS-II(Pension)

To,

All Chief Secretaries to the States

Subject : Revision of Pension of pre-2016 pensioners after implementation of seventh Central Pay Commission’s recommendations – anomaly in determining notional pay.

Sir,

I am directed to refer to various communications from State Governments on the above subject and to state that the matter raised in various representations of the pensioners seeking revision of their pension after implementation of 7th CPC recommendations, has been examined in this Department in consultation with Department of Pensions and Pensioner’s Welfare.

2. The basis for the re-fixation of the pension of pre-2016 pensioners are DoPT OM No.14021/4/2016-AIS-II dated 19th May, 2017 {mutatis-mutandis based on DoP&PW OM dated 38/37/2018-P&PW{A) dated 12th May,2017} and the Concordance Tables issued by DoP&PW vide OM dated 38/37/2018-P&PW{A) dated 6th July, 2017.

3. Prior to re-fixation of the pension of pre-2016 pensioners/family pensioners etc., following instructions/pension may be followed:-

(a) Para 4 of the OM dated 12th May, 2017 provides inter alia that the “revised pension/family pension w.e.f 01.01.2016 in respect of all Central Civil pensioners retired prior to 01.01.2016, may be revised by notionally fixing their pay in pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay. While fixing pay on notional basis, the pay fixation formulas approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. Further, para 7 of the OM provides inter alia that in case of those Government servants who retired or died on or after 01.01.1986 but before 1.1.2016, the actual pay and the pay scale from which they retired or died would be taken into consideration for the purpose of calculation of the notional pay as on 01.01.2016 in accordance with para 4 above.

(b) Accordingly, the pay of pre-2016 pensioners was notionally fixed in relevant cell of pay matrix of 7th CPC as per the formula of pay fixation approved by the Government. The pay of the serving IAS officers (including of Selection Grade officers) is also fixed in relevant cell of Pay Matrix of 7th CPC as per the formula of pay revision from 6th CPC to 7th CPC as approved by the Government. Also,the pay of serving officers who had been promoted on 1.1.2016 in JAG or Selection Grade is first fixed in the relevant cell of Pay Matrix of 7th CPC as per the formula of pay revision approved by the Government. Thereafter, they had to be promoted in next scale and their pay fixed in that level as per IAS Pay Rules 2016, granting them two increment in the promotion level.

(c) The pay of only those officers who were promoted on or after 1.1.2016 is to be fixed in 3rd cell of level-13. The pay of the officers who were already in selection grade i.e. level-13 as on 1.1.2016 is fixed as per the formula of pay revision from 6th to 7th Central Pay Commission (CPC). The notional pay of the officers who had retired before 01.01.2016 has to be similarly fixed. Therefore, the contention of any pensioner that his/her notional pay cannot be in any case less than the lowest level at which the pay of a serving officer of the Selection Grade of IAS can be fixed, is not tenable. Their pay is to be notionally arrived at by the formula of pay revision from 6th CPC to 7th CPC at par with other serving IAS officers.

4. Pension of pre-2016 pensioners/family pensioner may be revised w.e.f 1.1.2016 in accordance with the instructions contained in D/o P&PW OM dated 12.5.2017.

5. Accordingly, the representations of pre-2016 pensioners may be examined by the State Government and the concerned pensioner(s) may be informed.

6. This issue is with the approval of the competent authority.

(Sandeep Kumar Sinha)
Under Secretary to the Government of India

Signed Copy

Policy for Non-Performing Civil Servants

By
igeadmin
-

Policy for Non-Performing Civil Servants

The provisions of Fundamental Rules (FR) 56(j), Rule 48 of Central Civil Services (CCS) (Pension) Rules, 1972 and Rule 16(3) (Amended) of All India Services (Death-cum-Retirement Benefits) [AIS (DCRB)] Rules, 1958 lay down the policy of periodic review and premature retirement of Government servants, which is a continuous process. As per these, the Government has the absolute right to retire Government officials prematurely on the ground of lack of integrity or ineffectiveness, in public interest.

For the period July 2014-May 2019, a total of 36,756 Group-A and 82,654 Group-B officers have been reviewed under FR 56(j)/similar provisions, out of which FR 56(j)/ similar provisions have been invoked /recommended against 125 Group-A and 187 Group B officers.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Lok Sabha today

Hiring of retired Army Personnel against vacancies of RPF for deployment in Core Areas

By
igeadmin
-

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. 2018/Trans/01/Policy

New Delhi, Dated: 18.07.2019

The General Manager, All Indian Railways/PUs, NF(C), CORE
The DG/RDSO/Lucknow, DG/NAIR
CAQOs, DMW/Patiala, COFMOW/NDLS, RWP/Bela, IROAF

Sub : Hiring of retired Army Personnel against vacancies of RPF for deployment in Core Areas.

Ref : Board’s letter No.2018/Trans/01/Policy dated 16.07.2018

General Managers were empowered vide this office letter under reference to engage security personnel against existing vacancy through Government Security Agencies like Home Guards, Maharashtra Industrial Security Force etc in core areas of railway security.

Item No. 4 of the letter No. 2018/Trans/01/Policy dated 16.07.2018 has been modified with the approval of Board (MS, FC & CRB) as under:

Existing Para 4 of the letter under reference

“GMs are empowered to engage government security agencies like Home Guards, Maharashtra Industrial Security Force etc (and not private agencies) in Core Areas of railway security to the extent of vacancy in RPF and till such time these vacancies are filled up, for such period as required as and when the need arises e.g. during summer rush, festive season etc.” in consultation with PCSCs and with concurrence of PFA.

Modified Para 4 of the letter under reference

“GMs are empowered to engage Government Security Agencies like Home Guards, Maharashtra Industrial Security Force etc or retired army personnel engaged through Sainik Kalayan Boards in core areas of railway security to the extent of vacancy in RPF and till such time these vacancies are filled up, for such period as required as and when the need arises e.g. during summer rush, festive season etc.” in consultation with PCSCs and with concurrence of PFA”

This issue with the concurrence of Associate Finance of Transformation Cell.

(A.K. Chandra)
Executive Director/Mech./Transformation
Railway Board

Signed Copy

Income Tax Returns filing deadline extended to August 31, 2019

By
igeadmin
-

Income Tax Returns filing deadline extended to August 31, 2019

The due date for filing of Income Tax Returns for Assessment Year 2019-20 is 31.07.2019 for certain categories of taxpayers. Upon consideration of the matter, the Central Board of Direct Taxes(CBDT) extends the ‘due date’ for filing of Income Tax Returns from 31st July, 2019 to 31st August, 2019 in respect of the said categories of taxpayers.

Tweet from IncomeTax India

Amendment to GPF Advance / Withdrawal Rules – Lok Sabha QA

By
igeadmin
-

Amendment to GPF Advance / Withdrawal Rules – Lok Sabha QA

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO: 3979
ANSWERED ON: 17.07.2019

Amendment to GPF Advance/ Withdrawal Rules

Rajkumar Chahar
Will the Minister of

PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Government has recognized the need of Central Government employees, who are subscribers of GPF, to own two houses, one in their home town and the other at their place of work;

(b) if so, the details thereof and the number of times GPF subscribers are entitled to withdraw money from his GPF on account of residential purposes;

(c) whether the Government plans to amend the GPF Advance/Withdrawal Rules applicable to the Central Government Employees allowing them upto two withdrawals from their GPF Accounts for residential purpose; and

(d) if so, the details thereof and if not, the reasons therefor?

ANSWER
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)

(a) to (d): In accordance with General Provident Fund (Central Services) Rules 1960, withdrawal by a Government Employee up to 90% of the amount standing at credit in the General Provident Fund is permissible for building or acquiring a suitable house or a ready built flat for his/her residence.

As per the existing rules and instructions, if a Government servant has already availed withdrawal from GPF for building or acquiring a house or flat, GPF withdrawal for second house is not permissible.

There is, at present, no proposal to amend the GPF Rules to allow a second withdrawal for acquiring another house.

Implementation of approved recommendation of GDS Committee on rationalisation of categories of Gramin Dak Sevaks

By
igeadmin
-

Implementation of approved recommendation of GDS Committee on rationalisation of categories of Gramin Dak Sevaks

No.17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

Dak Bhawan, Sansad Marg,
New Delhi – 110001
Dated: 22.07.2019

Office Memorandum

Subject : Implementation of approved recommendation of GDS Committee on rationalisation of categories of Gramin Dak Sevaks.

The undersigned is directed to refer to para 3.31 approved recommendations of GDS Committee report and Rule 3 (d) of Gramin Dak Sevak (Conduct and Engagement) Rules, 2011.

2. After taking into consideration the approved recommendation of GDS Committee on rationalisation of categories of Gramin Dak Sevaks, the Competent Authority has approved the following substitution in Rule 3 (d) of Gramin Dak Sevak (Conduct & Engagement) Rules, 2011:-

“Gramin Dak Sevak” means :-

(i) a Branch Postmaster
(ii) an Assistant Branch Postmaster
(iii) a Dak Sevak

Note- 1

Gramin Dak Sevaks other than Branch Postmasters (BPMs) and working in Branch Posts Offices are designated and called as -Assistant Branch Postmasters (ABPMs)”.

Note- 2

Gramin Dak Sevaks other than Branch Postmasters (BPMs) and working in Departmental Post Offices/RMS Offices / other offices are designated and called as “Dak Sevak”.

3. The above instructions will come into effect from 01.07.2018 with reference to Directorate O.M. of even number dated 25th June, 2018.

4. Hindi version will follow.

(SB Vyavahare)
Assistant Director General (GDS/PCC)

Signed Copy

Clarification regarding grant of Dual Family Pension i.e. OFP and SFP / LFP for re-employed Military service

By
igeadmin
-

Clarification regarding grant of Dual Family Pension i.e. OFP and SFP / LFP for re-employed Military service

No. PC -2(6)/2013/D(Pen/Pol)
Government of India/Bharat Sarkar
Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)

Dated 8th July, 2019

To

The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject : Clarification regarding grant of Dual Family Pension i.e. Ordinary Family Pension (OFP) from Military Side as well as Special Family Pension (SFP)/ Liberalised Family Pension (LFP) for re-employed Military service – reg.

Sir,

The undersigned is directed to state that references have been received seeking clarification as to whether Special Family Pension (SFP)/Liberalised Family Pension (LFP) is admissible on death of a military pensioner re-employed in military service, and his death is attributable to military service.

2. Prior to 17.01.2013, the NOKs of Armed Force Pensioner who got re-employed in Civil Department/PSUs/Autonomous bodies/Local Fund of Central/State Governments after getting retired from military service were authorized to draw Ordinary Family Pension (OFP) either from military side or from civil side whichever was beneficial to them in terms of Gol, MoD letter No. 10(6)/92/D(Pens/Sers) dated 28.09.1992 and regulation 78 of Pension Regulation Part-I, 2008. Subsequently, vide GoI, MoD letter No. 01(05)/2010-D(Pen/Policy) dated 17.01.2013, two family pensions were allowed w.e.f. 24.09.2012 in the event of death of a re-employed military pensioner.

3. It was further clarified that dual family pension is admissible irrespective of the fact whether the re-employment was in civil or military department vide GoI, MoD letter No. 10(17)/2012-D(Pen/Pol) dated 21.03.2013. Hence, the family pensioners of military personnel re-employed in military e.g. Territorial Army/Defence Security Corps (TA/DSC) are also covered in the ambit of the Gol, MoD letter No. 01(05)/2010-D(Pen/Policy) dated 17.01.2013 for grant of dual family pension w.e.f. 24.09.2012. However, the admissibility of dual family pension was restricted to ordinary family pension (OFP).

4. Department of Pension and Pensioners’ Welfare vide their OM No. 1/3/2016-P&PW(F) dated 24.01.2019 has clarified that the provisions of two family pensions, one in respect of military/civil service and the other for civil service after re-employment, as available in terms of CCS(Pension) Rules, is also applicable under CCS(EOP) Rules.

5. The matter regarding extending the admissibility of Special Family Pension (SFP)/Liberalised Family Pension (LFP) in cases of death attributable to military service in terms of Gol, MoD letter No. 1(2)/97/D(Pen-C) dated 31.01.2001 in the case a of dual family pension has been examined. It has been decided that Department of Pension and Pensioners’ Welfare OM No. 1/3/2016-P&PW(F) dated 24.01.2019 would apply mutatis-mutandis to military/civil pensioners re-employed in military service and it is clarified that the provision of two family pensions, one in respect of military/civil service and Special Family Pension (SFP)/Liberalised Family Pension (LFP) for re-employed military service is also applicable. Special Family Pension (SFP)/Liberalised Family Pension (LFP) if any, would be admissible in terms of GoI. MoD letter No. 1(2)/97/D(Pen-C) dated 31.01.2001 on death of a pensioner who was re-employed in military service and if his death is attributable to military service, in addition to Ordinary Family Pension in respect of the previous military/civil service.

6. Where, however, on death of the re-employed ex-serviceman if the family is eligible for Special Family Pension (SFP)/Liberalised Family Pension (LFP) for first service, family pension for second spell of service would be Ordinary Family Pension.

7. Special Family Pension (SFP)/Liberalised Family Pension (LFP) shall be granted only in respect of one service and in no case, Special Family Pension (SFP)/Liberalised Family Pension (LFP) will be granted for both the services.

8. The financial benefits in the past cases will accrue with effect from 24.09.2012.

9. Pension Regulation of the three Services shall be amended in due course.

10. This issues with the concurrence of the Finance Division of this Ministry vide their ID No. 10(02)/2017/FIN/PEN dated 21.06.2019.

11. Hindi version will follow.

Yours faithfully,

Sd/-
(A K Agrawal)
Deputy Secretary to the Govt. of India

Signed Copy

Lok Sabha passes the Right to Information (Amendment) Bill, 2019

By
igeadmin
-

Lok Sabha passes the Right to Information (Amendment) Bill, 2019

Government is fully committed to transparency and accountability; No question of decreasing autonomy of Information Commissions: Dr. Jitendra Singh

Lok Sabha passed the Right to Information (Amendment) Bill, 2019 today. In this amendment, it is proposed to amend the Right to Information Act, 2005 so as to provide that the term of office of, and the salaries, allowances and other terms and conditions of service of, the Chief Information Commissioner and Information Commissioners and the State Chief Information Commissioner and the State Information Commissioners, shall be such as may be prescribed by the Central Government.

Participating in the debate on the Bill, Union Minister of Statefor Personnel, Public Grievances and Pensions, Dr. Jitendra Singh said that this Government is fully committed to transparency and accountability. Following this principle, the Government has encouraged suo motu dissemination of maximum information by Government Departments in order to reduce number of RTIs.

In addition to this, the Minister said that the Government is focussing on grievance redressal through citizen involvement. This has strengthened the underlying principle of RTI and has consistently reduced the pendency of RTI applications in the last 5 years, the Minister informed the House.

Assuring the members that the Government is not misusing its powers to frame rules regarding State Information Commissions, Shri Singh said that according to the original RTI act of 2005, the power of framing rules in respect of Information Commissions does not fall under the purview of either the Union or the State or the Concurrent lists. Hence, framing rules, even for the State Information Commissions, falls under the Residuary powers of the Union Government, the Minister said.

Replying on the issue of comparison of service conditions of Information Commissions and Election Commissions, Shri Singh said that the Central Information Commission and State Information Commissions are statutory bodies established under the provisions of the Right to Information Act, 2005. Therefore, the mandate of Election Commission of India and Central and State Information Commissions are different. Hence, their status and service conditions need to be rationalised accordingly.Further, the Minister said that there has been no change in the section of the original act dealing with the appointment of Information Commissioners. Thus, the question of decreasing autonomy of the Information Commissions doesnot arise, the Minister added.

NJCA Meeting to discuss and decide course of action to fight against privatization

By
igeadmin
-

NJCA Meeting to discuss and decide course of action to fight against privatization/corporatization and anti-labour policies of the Government of Indiancjcm

No.NJCA/2019

Dated: July 18, 2019

All Constituent Organisations,

National Council(JCM),

Dear Comrades,

Sub: Meeting of the NJCA to discuss and decide course of action to fight against privatization/corporatization and anti-labour policies of the Government of India

As you are aware that; danger of privatization/corporatization/outsourcing, in Railways, Ordnance Factories and other Departments/Organizations of the Government of India, is looming large. The government is moving in full-swing in the direction of privatization/ corporatization of the Railway Production Units and Defence Factories as also closure of the Railway Printing Presses in spite of assurance given by the Railway Board(Ministry of Railways) that nothing would be done without consulting the organized labour.

No doubt, all the Unions/Federations are fighting and agitating this issue at the grassroots level, but now, time has come to take a united movement to face the challenge. It has, therefore, become incumbent on us that, we should keep ourselves prepare to halt government’s efforts of privatization/corporatization of the Railways Production Units and Ordnance Factories.

To discuss and decide future course of action to fight against privatization/ corporatization/outsourcing policy of the Government of India, a meeting of the NJCA will be held on 25th July, 2019 in JCM Office, 13-C, Ferozshah Road, New Delhi, from 16:00 hrs.

You are requested to attend the above cited meeting of the NJCA.

Comradely yours
(Shiva Gopal Mishra)

Source : http://ncjcmstaffside.com/

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