All Heads of Telecom Circles/ Telecom Districts/Regions/
Projects/Telecom Stores/Telecom Factories & Other Administrative Offices,
Bharat Sanchar Nigam Limited.
Sub : Implementation of Supreme Court judgment on recovery of excess / wrongful payments — Need for ensuring 100% error free pay fixation method and Post Audit of Pay Fixation – reg.
Sir,
I am directed to refer to this office letter No. 1-06/2016-PAT(BSNL) dated 09.09.2016, 23.03.2017, 08.05.2017, 19.09.2017 & 08.03.2018 wherein instructions were issued on the procedures to be followed in the matter of implementation of Supreme Court judgment on recovery of excess/ wrongful payments made to employees in BSNL.
A kind reference is also invited to this office letter No.1-09/201 6-PAT(BSNL) dated 23.09.2016 and letter No.1-06/2016-PAT(BSNL) dated 15.11.2018 wherein instructions were issued for conducting post audit of every pay fixation on account of promotion, up-gradation and pay revision etc., of employees, invariably by an officer not below the rank of AGM/ CAO of Finance Wing not connected with the channel of submission of pay fixation related work and that each Circle IFA shall send a certificate to DGM (Estt), BSNL CO ND by 31st July of every year to the effect that all pay fixation cases of the Circle during the previous financial year have been got post-audited.
However, it is observed that even after repeated instructions from this office to ensure correctness of the pay fixation of the employees by implementation of a checking & counter-checking mechanism for pay fixations in respect of all employees, many of the circles do not seem to have complied with the same, leading to heavy financial loss to BSNL which otherwise could have been avoided. Hence a robust} mechanism shall be put in place by all Circles for strict adherence of Hon’ble Supreme Court order in CA No.11527 of 2014 (State of Punjab & ors Vs Rafiq Masih (White Washer)) as depicted below and instructions issued by this office from time to time in order to prevent any further loss to the BSNL.
The Hon’ble Supreme Court while observing that it is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement has summarized the following few situations, wherein recoveries by the employers would be impermissible in law:
I. Recovery from employees belonging to Class-III & Class -IV service (or Group ‘C” and Group ‘D” service).
II. Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
III. Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
IV. Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
V. In any other case, where the Court arrives at the conclusion that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer’s right to recover.
While examining proposals for waiver of recovery, it has been observed that cases are reviewed on the verge of retirement of an employee or after a number of years thereby making it difficult for BSNL to recover the excess payments from them. All Cadre Controlling Authorities are, therefore, requested to review all cases of doubts and ensure that there are no cases of excess payments made to BSNL employees. Wherever any excess payment has been made on account of fraud, misrepresentation, collusion, favoritism, negligence, carelessness, etc., roles of those responsible for overpayments in such cases, and the employees who benefitted from such actions should be identified, and disciplinary/ criminal action should be considered in appropriate cases.
Yours faithfully
Sd/-
(S.N.Tiwary)
Assistant General Manager (Estt-I)
Revision of rates of Uniform Allowance, Kit Maintenance Allowance and Washing Allowance for RPF/RPSF personnel
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
RBE NO. 84/2019
PC-VI No. 396
No. E(P&A)I-2014/ALL/RPF-1
New Delhi, dated 27.05.2019
The General Managers and PFAs,
All Indian Railways & Production Units.
Sub : Implementation of recommendations of VI Central Pay Commission – Revision of rates of Uniform Allowance, Kit Maintenance Allowance and Washing Allowance in respect of RPF/RPSF personnel.
*****
1. In terms of Board’s letter No. E(P&A)I-2008/ALL/RPF-3 dated 06.02.2009 on the cited subject, Kit Maintenance Allowance @ Rs. 300/- p.m. was provided for Group ‘A’ officers of RPF/RPSF.
2. It has now been decided to extend the benefits of above mentioned Kit Maintenance Allowance to Group ‘A’ officers of RPF/RPSF promoted on ad-hoc basis from Inspectors also, at the same rate which is admissible to regular Group ‘A’ officers of RPF/RPSF for the 6th CPC period i.e. from 01.09.2008 to 30.06.2017.
3. The rates of Kit Maintenance Allowance increase by 25% every time the Dearness Allowance payable on revised pay scales goes up by 50%. In view of this, the rates of Kit Maintenance Allowance are Rs. 375/- p.m. w.e.f. 01.01.2011 and Rs. 450/p.m. w.e.f. 01.01.2014.
4. This Allowance shall be payable till 30.06.2017, since instructions for subsuming this Allowance into a single Dress Allowance w.e.f. 01.07.2017 have been issued vide Board’s letter No. PC-VII/20 17 /U7 1517 dated 03.10.2017 on the recommendations of 7th CPC and acceptance of Government thereto.
5. Other terms & conditions as mentioned in Board’s letter No. E(P&A)I-2008/ALL/RPF-3 dated 06.02.2009 will remain unchanged.
6. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)
S.No.PC-VII/138
No. PC-V/2016/MACPS/1
RBE No. 86/2019
New Delhi, dated 28-5-2019
The General Managers (P)
All Zonal Railways & PUs
(As per mailing list)
Sub :- Modified Assured Career Progression Scheme (MACPS) for the Railways Employees-Benchmark Regarding.
Subsequent to acceptance of the recommendations of 7th CPC by the Government regarding raising the benchmark for performance appraisal for promotion and financial upgradation under MACPS from “Good” to ”Very Good”. Railway Board vide letter dated 19-12-2016 enhanced the benchmark for grant of financial upgradation under MACPS to ”Very Good” tor all posts. These changes were made effective from 25th July. 2016 i.e. from the date of resolution notified by Department of Expenditure, Ministry of Finance regarding acceptance of the recommendations of 7th CPC.
2. On the demand raised by the Staff Side persistently in all forums including in the National Council (JCM) for revision of enhanced benchmark on prospective basis, the matter has been considered by the Board and it has been decided that APAR grading ”Good” for the period prior to 25-7-2016 i.e. the date from which the new Benchmark was made applicable. may be treated as ··very Good” while considering those cases of MACPS in which APARs for the said period are required to be taken into account.
3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
F.No.275/38/2017-IT(B)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
North Block, New Delhi
24th May, 2019
ORDER UNDER SECTION 119 OF THE INCOME-TAX ACT, 1961
With a view to redress genuine hardship faced by the deductors due to the severe disruption of normal life and breakdown of communication systems caused by cyclone “Fani” hitting the state of Odisha on 3rd of May, 2019, the Central Board of Direct Taxes, in exercise of its powers under section 119 of the Income Tax Act, 1961, hereby-
(i) Extends the due date of depositing tax deducted at source (TDS) for the month of April, 2019 from 7th of May, 2019 to the 20th of May, 2019,
(ii) Extends the due date of filing of Quarterly Statement of TDS for the last quarter of financial year 2018-19 from 31st of May, 2019 to the 30th of June, 2019, and
(iii) Extends the due date for issue of TDS certificates in Form 16 and 16A from 15th of June, 2019 to 15th of July, 2019 in respect of deductors of the state of Odisha.
(Sandeep Singh)
Under Secretary to the Government of India
Government of India
Ministry of Defence
Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt – 110010
No.IFA/12
Dt: 17.05.2019
To
All PIFAs/IFAs
(Through CGDA Website & SIFA)
Sub:- “Raksha Mantri Awards for Excellence” for the year 2019
Ref:- HQrs office letter no. AT-Coord/13005/RM Award/2019 dt 25.4.2019
**********
Please find enclosed herewith letter cited under reference under which the guidelines for the process of selecting awardees for the year 2019 has been issued.
Office of the CGDA, Ulan Batar Road, Palam,
Delhi Cantt-110010
No. AN/ III/ 3012/Circular/Vol. VIII
dated 22.05.2019
All PCsDA/ PCA (Fys.)/ CsDA
(through CGDA website).
Subject: Rule 39 of the General Financial Rules 2017 (GFR)-regarding.
A copy of DO letter no. 1/44/ 2/2019-Cab dated 01.04.2019 from Additional Secretary, Cabinet Secretariat, Rashtrapati Bhawan on the above subject is forwarded herewith for information and necessary action.
The contents of the ibid DO letter may please be brought to the notice of all concerned including officers and staff of subordinate offices of your organization please.
Confederation National Secretariat Meeting on July 4, 2019
NOTICE
No.Confdn/Notice/2016-19
Dated 27-05-2019
Meeting of the National Secretariat of Confederation of Central Government Employees & Workers will be held on 04-07-2019 (04th July 2019, Thursday) at 03-00pm at NFPE Office, 1st Floor, North Avenue Post Office Building, New Delhi – 110 001.
All National Secretariat Members (including office bearers of Women’s Subcommittee) are requested to attend the meeting in time.
The following shall be the agenda of the meeting:
– Agenda –
(1) Pending demands of the Central Government Employees – New Government and our approach including future course of action.
(2) Preparations for the next National Conference of Confederation.
(3) All India Trade Union Education Camp of Confederation.
(4) Financial review.
(5) Any other items with the permission of the Chair.
Liberalization of provisions for drawal of advance from the Fund – MOD
F.No. C/7026/VII CPC/73/423/D(Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 22 May 2019
To
The Chief of the Army Staff
The Chief of the Air Staff
The Chief of the Naval Staff
Subject :- Amendment to the provisions of general Provident Fund (Central Service) Rules, 1960 – liberalization of provisions for drawal of advance from the Fund by the subscribers – regarding.
Sir,
I am directed to refer to Ministry of Personnel, PG & Pension’ OM No. 3/2/2017-P&PW(F)(i) & OM No. 3/2/2017-P&PW (F)(ii) dated 7th March, 2017 on the above subject. The provisions of the said letter will mutatis-mutandis be applicable to Armed Forces Personnel.
2. This letter issue with concurrence of Defence (Finance) vide their Dy. No 209/AG/PD/2019 dated 17.05.2019.
Encl. As above.
Yours faithfully,
Sd/-
(Arun Kumar)
Under Secretary to the Government of India
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.
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
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.
