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Income limit for Creamy Layer

By
igeadmin
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Income limit for Creamy Layer

The erstwhile Ministry of Welfare had constituted the Expert Committee and on its basis Department of Personnel and Training has issued Office Memorandum Vide No.36033/3/2004-Estt. (Res) dated 9th March, 2004 on the subject “Revision of Income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs)”. In the Office Memorandum dated 08th September 1993, and for the category VI of the Schedule, the following explanations were also mentioned:-

  • Income from salaries or agricultural land shall not be clubbed;
  • The income criteria in terms of rupee will be modified taking into account the change in its value every three years. If the situation, however, so demands, the interregnum may be less.

In para 27 of the Report, the Expert Committee of 1993 had observed the following:

“In addition to the above, we have to say that the income/wealth test governs categories IV, VB and VC as stated earlier. For the remaining categories, namely I, II,III and VA, specific criteria have been laid down; however, if in these categories, any person, who is not disentitled to benefit of reservation, has income from other sources or wealth, which will bring him within the criterion under Item No.VI, then he shall be disentitled to reservation, in case his income-without clubbing his income from salaries or agricultural land – or his wealth is in excess or cut-off points prescribed under the income/wealth criteria.”

From the reading of para-27 of the Expert Committee Report, it is clear that the Explanation (i) given below to Category VI of Schedule to OM dated 08.09.1993, that income from salaries or agricultural land shall not be clubbed would be applicable only in respect of category VI(b). Hence as per provision of O.M. dated 08.09.1993, the salary of the parents of the candidates, who are working in PSUs, PSBs etc., was taken into account for determining their Creamy Layer status, till such time the equivalence vis-à-vis Government posts is established.

The erstwhile National Commission for Backward Classes (NCBC) in 2011 had recommended Rs. 9 lakh for Rural and Rs. 12 lakh for Urban for income limit for creamy layer.

In the year of 2015, the erstwhile National Commission for Backward Classes had recommended Rs. 15 lakh for income limit for Creamy layer.

The Cabinet in 2004 had decided to follow the Consumer Price Index (CPI) principle which has been adopted and not the formula recommended by NCBC.

This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Lok Sabha today.

PIB

Sub-Categorization of OBCs

By
igeadmin
-

Sub-Categorization of OBCs

The Government has constituted a Commission under article 340, on 2nd October, 2017, to examine the issues of the sub-categorization of Other Backward Classes with the following terms of reference:

  1. To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of Other Backward Classes with reference to such classes included in the Central List;
  2. To work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorisation within such Other Backward Classes; and
  3. To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of Other Backward Classes and classifying them into their respective sub-categories.

The composition of the Commission is as follows:-

(i) Chairperson Justice (Retd.) G. Rohini, Chief Justice (Retd.), Delhi High Court.
(ii) Member Dr. J.K. Bajaj, Director, Centre for Policy Studies, New Delhi.
(iii)Member (Ex-officio) Director, Anthropological Survey of India, Kolkatta.
(iv) Member (Ex-officio) Registrar General and Census Commissioner, India

The Commission to Examine Sub-categorization of Other Backward Classes was to initially submit its report in twelve weeks from the date of assumption of charge by the Chairperson.  Since considerable time was taken up in obtaining the data and thereafter in analyzing of the data, the tenure of the Commission has been extended from time to time and last till 31.05.2019 vide a Gazette Notification dated 29.11.2018 with the approval of Cabinet and President.

The issue of survey is under consideration in the Commission to Examine Sub-categorization of Other Backward Classes

The Government is implementing the following educational empowerment and economic development Schemes for Other Backward Classes (OBCs): –

(i) Pre-Matric scholarship for Other Backward Classes.

(ii) Post-Matric scholarship for Other Backward Classes.

(iii) Construction of Hostels for OBC Boys and Girls.

(iv) Assistance for Skill Development of Other Backward Classes (OBCs)/Denotified and Semi-Nomadic Tribes (DNTs)/ Economically Backward Classes (EBCs to voluntary organizations working for the welfare of OBCs.

Free Coaching Scheme for SC and OBC Students.

(vi)    Dr. Ambedkar Scheme of Interest subsidy on educational loan for overseas studies for Other Backward Classes (OBCs) and EBCs.

This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Lok Sabha today.

Reservation Provisions for SC / ST / OBC

By
igeadmin
-

Reservation Provisions for SC/ST/OBC

Reservation in admission of students belonging to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) in Central Educational Institutions established, maintained or aided by the Central Government is enforced through the Central Educational Institutions (Reservation in Admissions) Act, 2006 as amended from time to time. At present there is no proposal under consideration of Government to enact legislation for implementing reservation in services under the Central Government and its Public Sector Undertakings.

The policy of reservation in services is administered through executive instructions. The Hon’ble Supreme Court in the case of Indira Sawhney vs. Union of India (W.P. No. 930 of 1990) has held that these instructions have the force of law.

This information was given by Minister of State for Social Justice and Empowerment Shri Vijay Sampla in a written reply in Lok Sabha today

PIB

Amendment in Rule 38 of CCS(Pension) Rules, 1972

By
igeguest
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Amendment in Rule 38 of CCS(Pension) Rules, 1972

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB – SECTION (i)1

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare

NOTIFICATION

New Delhi, the 4th January, 2019.

G S R  (E). — In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Pension) Rules, 1972, namely:-

1. Short Title and Commencement:-

(1) These rules may be called the Central Civil Services (Pension) Amendment Rues, 2018.

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

2. In the Central Civil Services (Pension) Rules, 1972 –

(i) in rule 38, for sub-rule (1) and sub-rule (2), the following sub-rules shall respectively be substituted, namely :-

”(1) The case of a Government servant acquiring a disability, where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable, shall be governed by the provisions of the said section:

Provided that such employee shall produce a disability certificate from the competent authority as prescribed under the Rights of Persons with Disabilities Rules, 2017.

(2) If a Government servant, in a case where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are not applicable, retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service, he may be granted invalid pension in accordance with rule 49:

Provided that a Government servant, who retires from service on account of any bodily or mental infirmity which permanently incapacitates him for the service before completing qualifying service of ten years, may also be granted invalid pension in accordance with sub- rule (2) of rule 49 subject to the conditions that the Government servant-

(a) has been examined by the appropriate medical authority either before his appointment or after his appointment to the Government service and declared fit by such medical authority for Government service; and

(b) fulfils all other conditions mentioned in this rule for grant of invalid pension.”;

(ii) in rule 49, for sub-rule (2), the following sub-rule shall be substituted, namely: –

“(2) Subject to the proviso to sub-rule (2) of rule 38, in the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than ten years, the amount of pension shall be calculated at fifty per cent of emoluments or average emoluments, whichever is more beneficial to him, subject to a minimum of nine thousand rupees per mensem and maximum of one lakh twenty five thousand rupees per mensem.”,

[F.No. 21/1/  2016-P&PVV (F)]

(Sanjiv Narain Mathur)

Joint Secretary to the Government of India

Signed Copy

DOPT Prohibit the Govt Employees to participate All India Strike on 8th and 9th January, 2019

By
igeguest
-

All India Strike on 8th and 9th January, 2019 – Instructions under CCS (Conduct) Rules, 1964

MOST IMMEDIATE
OUT TODAY 

No.45018/1/2017-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 08th January, 2019

Subject: All India strike for 08th and 9th January, 2019 – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Confederation of Central Government Employees and workers has decided to observe two day strike on 8th and 9th January, 2019 to protest against NPS and certain 7th CPC issues.

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1/(s)/2008- Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed strike, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on strike, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty on the day of str e i.e, 08.01.2019 and 09.01.2019.

(Juglal Singh)
Deputy Secretary to the Govt. of India
011-23092338

Signed Copy

Withdrawal from New Pension Scheme

By
igeguest
-

Withdrawal from New Pension Scheme

Government has allowed premature withdrawal from New Pension Scheme Fund. A subscriber is eligible for three partial withdrawals during the period of subscription under National Pension System (NPS), each withdrawal not exceeding twenty-five percent of the contributions made by the subscriber and excluding contributions made by the employer. There is, however, no restriction on withdrawals from the Tier-II account of the subscriber. Further, keeping in view the possibility of sudden financial needs of the subscribers, the requirement of minimum period under National Pension System (NPS) for availing the facility of partial withdrawal from the mandatory Tier-I account of the subscriber has been reduced from 10 years to 3 years from the date of joining w.e.f. 10th August, 2017. The minimum gap of 5 years between two partial withdrawals has also been removed w.e.f. 10th August, 2017.

On 06.12.2018, Government has approved the following proposals pertaining to choice of Pension Fund and investment pattern for Central Government subscribers under NPS:

  • Choice of Pension Fund: Central Government subscribers will be allowed to choose any one of the pension funds including Private sector pension funds.  They could change their option once in a year. However, the current provision of combination of the Public-Sector Pension Funds will be available as the default option for both existing as well as new Government subscribers.
  •  Choice of Investment Pattern: The following options for investment choices will be offered to Central Government employees:
  1. Government employees who prefer a fixed return with minimum amount of risk may be given an option to invest 100% of the funds in Government securities (Scheme G).
  2. Government employees who prefer higher returns may be given the options of the following two Life Cycle based schemes.
    • Conservative Life Cycle Fund with maximum exposure to equity capped at 25% at the age of 35 years and tapering off thereafter (LC-25).
    • Moderate Life Cycle Fund with maximum exposure to equity capped at 50% at the age of 35 years and tapering off thereafter (LC-50).

In case an employee does not submit any choice, the existing allocation of funds shall continue as the default option.

This was stated by Shri Shiv Pratap Shukla, Minister of State for Finance in written reply to a question in Rajya Sabha today.

PIB

7th CPC Revision of Night Duty Allowance Rates is under consideration

By
igeadmin
-

7th CPC Revision of Night Duty Allowance Rates is under consideration

GOVERNMENT OF INDIA
MINISTRY OF. RAILWAYS
(RAILWAY BOARD)

No. E(P&A)II-2017/HW-1

New Delhi, dated : 3.01.2019.

The General Secretary,
NFIR,
3. Chelmsford Road,
New Delhi.

Subject :- Revision of rates of Night Duty Allowance (NDA) — recommendations of 7th CPC-reg-.

The undersigned is directed to refer to NFIR’s letter No 1/5(E) dated 07.12.2018 and to state that the matter regarding reduction in the amount of NDA in 7th CPC compared to 6th CPC pay structure has been examined in consultation with DoP&T, the nodal department of the Government on the subject and they have stated that, the matter of implementation of the Govt.’s decisions on NDA as recommended by 7th CPC is under consideration. The revised guidelines, once finalized, will be communicated accordingly.

Yours faithfully

For Secretary Railway Board

 Signed Copy

Source : NFIR

Submission of Immovable Property Return 2018 by CSSS Officers

By
igeadmin
-

Submission of Immovable Property Return 2018 by CSSS Officers

No. 25/1/2019-CS.II(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel & Training
(CS-II Division)

3rd Floor, Lok Nayak Bhawan,
Khan market, New Delhi,

Dated: 7th January, 2019

OFFICE MEMORANDUM

Subject:- Submission of Immovable Property Return (IPR) for the year 2018 (as on 31.12.2018) by officers of Central Secretariat Stenographers Services (CSSS) – regarding

In terms of Rule 18 of CCS (Conduct) Rules, 1964, the immovable Property Return is required to be furnished by the CSSS Officers in the grade of PPS, Sr. PPS and PSO, latest by 31.01.2019. IPR should be submitted by all the CSSS Officers through Web Based Cadre Management System which is hosted at cscms.nic.in. A copy of the print out (IPR submitted online) duly signed, should also be submitted to CS.II (A) Section, which is the custodian of Immovable Property Return (IPR) of these Officers. Stenographers Grade D, PAs & PSs of CSSS will also submit the print out (IPR) duly signed, to their respective Admin/Vigilance Division.

2. Ministries/ Departments are therefore, requested that the contents of this O.M. may be widely circulated to the notice of all CSSS Officers Officials working under their respective control. They should also ensure that the IPR for the year 2018 (as on 31.12.2018) is submitted within the stipulated time by all the CSSS Officers. The officers are also informed that non-submission of IPR within the stipulated date, would invite the denial of vigilance clearance for empanelment, deputation and applying to sensitive posts and assignment to training programme (except mandatory training) as the IPR status needs to be checked for the said purpose(s).

3. It is, therefore, requested that all the CSSS Officers may be directed to file their Immovable Property Return (IPR) for the year 2018 (as on 31.12.2018) well in time, latest by 31.01.2019, through Web Based Cadre Management System only. IPRs received beyond the stipulated date, shall not be regarded as conforming to the extant guidelines.

4. In case of any doubt/ difficulty about filing the IPR, Sh. Anuj Pratap Singh (CSCMS Engineer), may be contacted at Telephone Nos. 24629890/24629414.

(Chirabrata Sarkar)
Under Secretary to the Government of India

Signed Copy

IDA from Jan 2019 for 2017 Pay Scale – DPE ORDER

By
igeadmin
-

IDA from Jan 2019 for 2017 Pay Scale – DPE ORDER

No. W-02/0039/2017-DPE (WC)-GL-I/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
Dated: 03rd January, 2019

OFFICE MEMORANDUM

Subject:- Board level and below Board level posts including non-unionised supervisors in Central Public Sector Enterprises (CPSEs) – Revision of scales of pay w.e.f. 01.01.2017 — Payment of IDA at revised rates-regarding.

*****

The undersigned is directed to refer to the Para 7 and Annexure-III (B) of DPE’s OM dated 03.08.2017 wherein the rates of DA payable to the Board level and below Board level executives and non-unionized supervisors of CPSEs have been indicated. The next instalment for revision of rates of DA is due from 01.01.2019. Accordingly, the rate of DA payable to the executives and non-unionized supervisors of CPSEs is as follows:

(a) Date from which payable: 01.01.2019

(b) Average AICPI (2001=100) for the quarter Sep, 2018 — Nov., 2018

Sep, 2018 301
Oct, 2018 302
Nov, 2018 302
Average of the quarter 301.66

(c) Link Point: 277.33 (as on 01.01.2017)

(d) Increase over link point: 24.33 (301.66 minus 277.33)

(e) DA Rate w.e.f. 01.01.2019: 8.8% [(24.33 -277.33) x 100]

2. The above rate of DA i.e. 8.8% would be applicable in the case of IDA employees who have been allowed revised pay scales (2017) as per DPE O.Ms. dated 03.08.2017, 04.08.2017 & 07.09.2017.

3. All administrative Ministries/ Departments of the Government of India are requested to bring the foregoings to the notice of the CPSEs under their administrative control for necessary action at their end.

(Samsul Hague)
Under Secretary

Signed Copy

Central Trade Unions are going to organised nationwide general strike on 8th and 9th January, 2019

By
igeadmin
-

Central Trade Unions are going to organised nationwide general strike on 8th and 9th January, 2019

Press Release :: By Central Trade Unions regarding Recognition of Trade Unions at State & Central level

04th January, 2019

Press Release

The following statement was issued to the press on 4th January, 2019 by the central trade unions, INTUC, AITUC, HMS, CITU, AIUTUC, AICCTU, TUCC, SEWA, LPF, UTUC in response to cabinet decision of the Govt. to amendments in the Trade Union Act 1926.

The Central Trade Unions accuse the Central Govt. of having malafide Intentions to meddle with the laid down procedures for recognition of trade unions at state and central level. The amendment to Trade Union Act, 1926 by the cabinet as is evident from the Govt. press release are to have the rights of Govts in the state and central level to interfere into the independent functioning of the trade unions. It is regressive and would take us to British era position. The working class fought during British rule in India to get Trade Union Act, 1926. But this Govt. is camouflaging and is bent upon to promote their tout and pccket unions by dismantling the laid down procedures. The clause they are amending deals with enterprise level unions. And trade unions at that level are already using it. To say that they will ensure true representation Is actually to promote tout unions. Again to say that it is to check arbitrary nominations in Tripartite & Bipartite bodies is actually to deny the representations to unions who question govts’ policies. Talking of reduction of litigation and industrial unrest Is to actually stifle the collective bargaining. The Govt. decision is against the stated positions of Indian Constitution and the BJP led NDA Govt. true to its colors is out to destroy democratic institutions and above all the constitution of India. Ten Central Trade Unions are going to orgained nationwide general strike on 8th and 9th January, 2019 on 12 point charter of demands which also Includes opposition to anti worker, anti trade unions changes in labour laws and codification of laws.

We call upon the working dass to take the challenge frontly and make the two day strike grand success.

Yours Sincerely,

INTUC

AITUC

HMS

CITU

AIUTUC

TUCC

SEWA

AICCTU

LPF

UTUC

Source : Confederation

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