DOPT ORDERS – Leave to a Government servant who is unlikely to be fit to return to duty
No 18017/1/2014-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
****
Old JNU Campus, New Delhi 110 067
Dated: 17.07.2018
OFFICE MEMORANDUM
Subject: Leave to a Government servant who is unlikely to be fit to return to duty — Reg.
The undersigned is directed to say that the CCS (Leave) Rules, 1972 have been amended vide Notification G.S.R. No. 438 (E) dated 03,04.2018 (copy enclosed) to bring them in conformity with the Rights of Persons with Disabilities Act, 2016. Accordingly, it has now been decided that leave applied under rule 20, shall not be refused or revoked without reference to the Medical Authority, whose advice shall be binding. Further, any leave debited for the period(s) granted after receipt of the certificate of disability of the Medical Authority, shall be remitted back into the leave account of the Government servant. The Certificate of Disability is required to be issued in Form ‘3A’ which should be signed by a Government doctor of a Government medical board. Further, a Government servant who is granted leave in accordance with the provisions of clause (b) of sub rule (1) of rule 20 of CCS (Leave) Rules, 1972, the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016(49 of 2016) shall, suo-motu, apply.
2. These orders are to be effective from 19.04.2017.
3. Hindi Version will follow.
Encl: As above
(Sandeep Saxena)
Under Secretary to the Government of India
PCDA Circular 602 – Restoration of pension in respect of Defence Service Personnel
OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS) DRAUPADI GHAT, ALLAHABAD- 211014
Circular No. 602
Dated: 10.07.2018
To,
1. The Chief Accountant, RBI, Deptt. Of Govt, Bank Accounts, Central Office C-7, Second Floor, Bandre- Kuria Complex, P B No. 8143, Bandre East Mumbai-400051
2. All CMDs, Public Sector Banks.
3. The Nodal Officers, ICICl/HDFC/AXIS/IDBI Banks
4. All Managers, CPPCs
5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal
6. The PCDA (WC), Chandigarh
7. The CDA (PD), Meerut
8. The CDA, Chennai
9. The Director of Treasury, All States
10. The Pay and Accounts Officer, Delhi Administration, R K Puram and Tis Hazari, New Delhi.
11. The Pay and Accounts Office, Govt of Maharashtra, Mumbai
12. The Post Master Kathua (J&K), Camp Bell Bay.
13. The Principal Pay and Accounts Officer Andaman and Nicobar Administration Port Blair.
Subject :- Restoration of pension in respect of Defence Service Personnel who had drawn lump sum payment on absorption in Public Sector Undertakings/ Autonomous Bodies-delinking of qualifying service of 33 years for revised pension with effect from 01.01.2006.
A Copy of Govt. of India, Ministry of Defence, Deptt of ESW letter No. 1(04)/2007/D(Pen/Pol) dated 20.06.2018 on the above subject, which is self explanatory, is forwarded herewith for your information, guidance and necessary action.
2. In terms of GoI, MoD letter No. 1(2)/2016-D(Pen/Pol) dated 30.09.2016, revised consolidated pension and family pension of pre-2006 Armed Forces pensioners w.e.f. 1.1.2006 shall not be lower than 50 % and 30% respectively of the minimum of the pay in the pay band plus grade pay corresponding to the pre-revised scale from which the pensioner had retired/ discharged/ invalided out/ died including Military Service Pay and “X” Group pay, if any, without pro rata reduction of pension even if they had rendered qualifying service of less than 33 years at the time of retirement.
3. Now it has been decided by the Government that while determining the revised pension of above said category of absorbee pensioners/family pensioners with effect from 1.1.2006, the pension/ family pension shall also be revised in accordance with the provisions contained in the GoI, MoD letter No. 1(2)/2016-D(Pen/Pol) dated 30.09.2016 referred above.
4. The pension in terms of this order will be revised by the respective Pension Sanctioning Authorities Suo-moto by issuing Corrigendum PPOs in all affected cases. No application in this regard shall be called for either from the pensioners or from the PDAs concerned. Further, PDAs would also brought into notice of PSAs, such left out cases, if any, for revision of pension.
5. All other terms and conditions shall remain unchanged.
6. This circular has been uploaded on PCDA (P) website www.pcdapension.nic.in.
7th CPC National Anomaly Committee Meeting on 17.07.2018 – DoPT decision on Six Topics
National council(Staff Side) Joint Consultative Machinery
for Central Government Employees
13-C,Ferozshah Road, New Delhi-110001
E Mail : [email protected]
Shiva Gopal Mishra Secretary
No.NC-JCM-2018/NAC
Dated: July 17, 2018
To
The All Member of the
National Council (Staff Side)JCM
Comrades,
The meeting of the 7 CPC National Anomaly Committee was held today (17/7/2018). Shri Chandramouli, Secretary(P), DOPT presided over this meeting. The Department of personnel had identified the following six items only for discussion:
1.Item No.3 – Removal of Condition of 3% stipulated to grant bunching benefit
2.Item No.4 – Fixation of pay on promotion
3.Item No.5 – Removal of Anomaly in pay matrix
4.Item No.8 – Lesser pay in higher level of pay matrix
5.Item No.9 – Bunching of steps in the revised pay structure
6.Item No.14 – Grant of GP 5400 to Sr section officer of Railways and AAOs of IA&AD and Organised Accounts (Civil Accounts, Postal Accounts and Defence Accounts)
The above items were subjected to discussions and the following decisions were taken.
Item No 3 – The Govt. will consider as to how the matter could be resolved after assessing financial implications
Item No 4 – The suggestion of the Staff Side to fix the pay on promotion at the next higher stage after granting one increment was not accepted. After discussion it was agreed that Govt would address the issue on case by case basis. Those who are covered by the anomaly described under this item have been advised to make representation to Fin. Ministry directly. The staff side however insisted that the entire anomaly would be resolved if two increments are granted while on promotion/MACP.
Item No. 5 & 8 – it was agreed by the official side that this is an aberration ·and shall be addressed.
Item No 9- Rejected by official side
Item No 14 – The matter is under consideration of the Govt
After completing discussions on the above items, the Staff Side insisted that the following remaining items may also be taken up for discussion.
Item No.1 Anomaly in computation of Minimum Wage
Item No.2. 3 % Increment at all stages
Item No.6 Anomaly due to index rationalization
Item No.7 Anomaly arising from the decision to reject option No. 1 in pension fixation
Item No.10. Minimum Pension
Item No.11. Date of Effect of Allowances – HRA, Transport Allowance, CEA etc.
Item No.18. Anomaly in the grant of D.A. installment w.e.f. 1.1.2016
After discussion on the above items, the official side informed that the DOPT had already examined those issues and have come to the conclusion that those items will not come under the ambit of the definition of Anomaly. The Staff Side contested this. It was decided that the DOPT will convey the reasoning to the staff side and hold meeting with the Staff Side to sort out the differences.
Item No.16. Anomaly in the assignment of replacement of Levels of pay in the Ministry of Defence, Railways, Mines etc in the case of Store Keepers
Item NO.17. Anomaly in the assignment of pay Levels in the case of Research Assistants in Ministry of AYUSH, Homoeopathic Department.
The staff side then raised the following other issues.
I. Central Govt employees may be granted one more option to switch over to 7 CPC from a date subsequent to 25th of July 2016 — the official side informed that the matter is under consideration and a decision would be taken shortly.
2. The issue of pay fixation of ex-servicemen in the last pay drawn by them before retirement from armed forces is remitting unsettled — the official side informed that the matter has been referred to Min. of Defence by DOPT for their comments. Decision would be taken after receipt of comments from MOD.
3. The Staff side raised the issue of not convening meetings of the National Council, JCM and Standing Committee.
4. The staff Side also informed of the decision taken by the NJCA in its meeting held on 3-7-2018 of the revival of the deferred indefinite strike by the Central Govt Employees if no settlement is brought about on major demands like upward revision of minimum pay, fitment factor and NPS before 7-8-2018.
Ministry of Steel has agreed to the proposal received from various CPSEs under its control to introduce the pension scheme with effect from 1stJanuary 2007 in case of executives and 1stJanuary 2012 in case of non-executives or from a subsequent date as decided by the company. The agreement was reached after detailed consultation with representatives of employees unions and officers associations belonging to SAIL, RINL, MSTC, FSNL, MECON and KIOCL.This was announced by the Union Minister of Steel, Chaudhary Birender Singh in New Delhi today.
During the meeting with the Minister, the representatives of employees unions and officers associations discussed various issues concerning them, including the introduction of pension scheme as part of the superannuation benefits, provident fund, gratuity andmedical benefit. The Minister informed that medical benefits have already been extended to employees of CPSEs under the Ministry of Steel. NMDC and MOIL have also introduced the pension scheme to its employees as per the Second Pay Revision Committee recommendations. He said that there has been a long standing demand from the employees of other CPSEs for introduction of pension scheme.
Chaudhary Birender Singh said that the pension scheme will benefit over 94,000 serving and 56,000 retired employees of CPSEs under the Ministry of Steel and put an additional financial burden of Rs. 45 crore per month. He said that the pension scheme will be subject to factors like affordability, capacity to pay and sustainability by the CPSEs. Government budgetary support will not be provided to operate these schemes. The rate of contribution will be decided by the respective boards of CPSEs each year depending upon the profit made and employee cost to the company subject to upper ceiling of 30% (Basic Pay plus DA) of superannuation benefits. The actual details of the pension scheme and road map of implementation will be worked out by the management of each CPSEs.
Subject :- Procedure for extending the benefits of Old GPF / Pension Scheme to those casual workers covered under the Scheme of 1993 and regularized on or after 01.01,2004.
It has been observed that the pension cases of casual labour who were regularized on or after 01.01.2004 and eligible for old GPF/Pension Scheme vide DOPT OM No.49014/2/2014-Estt(C) dated 28.07.2016 have not been processed by the concerned Ministries/Departments. In order to avoid the hardship to the pensioners all the Ministries/Departments/PAOs have been requested to finalise the pension cases of the pensioners after following the procedure below:
1) Deptt. may issue the order that the old GPF Scheme/ Pension Scheme is applicable to the concerned official.
2) CPAO may be requested through concerned Pay & Accounts Office to stop Provisional Pension after cancellation of PPO, if issued.
3) NSDL may he requested by the concerned PAO to deposit the NPS subscription, Govt. Contribution plus interest thereon into the Govt. Account through ERM of NSDL.
4) On receipt of the amount it may be classified by the concerned PAO as below:
Sl.No,
Component
Head of Account
i)
Adjustment of employee’s
contribution in Accounts
Amount may be credited to the individual,s GPF Account and the account may be recast
permitting upto- date interest as applicable
from time to time (FR-16 & Rule 11 of GPF Rule)
ii)
Adjustment of Government contribution under NPS in Accounts
To be accounted for as [-) Dr.to object Head “70 Deduct Recoveries under major Head 2071 – Pension and Other Retirement Benefits” and Minor Head “911- Deduct Recoveries of Overpayment” (Para 3.10 of List of Major Minor Heads)
(iii)
Adjustment of increased
value of subscription
account of appreciation of
investment
May be accounted for by crediting the amount to Govt. Account under Major Head “0071- Contribution and Recoveries towards pension and Other Retirement Benefits” and Minor Head “800-Other Receipts”.
(Note under the above Major Head in List of Major Minor Heads)
5) GPF and Pension case of the concerned official may be processed as per the GPF Rules and CCS (Pension) Rules, 1972 after adjusting the Provisional Pension paid to the pensioner, if paid.
This issues with the approval of the Chief Controller (Pensions).
Guidelines for Settlement of Claims for Compensation on accidents – DPE ORDER
No. A-42011/2/2018-Admn
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises
Public Enterprises Bhawan
Block No – 14, CGO Complex,
Lodhi Road, New Delhi-110003
Dated the 11th July, 2018
Office Memorandum
Subject :- Guidelines for Settlement of Claims for Compensation on accidents applicable to the Department of Public Enterprises :- Reg.
The undersigned is directed to refer to above said subject and to say that this Department has framed the guidelines for settlement of compensation claims arising out of accidents resulting into loss of life or permanent disability to a member of general public where the accidents happens in any premises where any official activity of the Department is being carried out of which a copy is enclosed herewith for information.
2. The guidelines has the approval of the competent authority.
Encl: As above
(Harish Chandra)
Under Secretary to the Govt. of India
GUIDELINES FOR SETTLEMENT OF CLAIMS FOR COMPENSATION ON ACCIDENTS APPLICABLE TO THE DEPARTMENT OF PUBLIC ENTERPRISES.
Preamble
Accidents are unfortunate incidents, occurrences of which cannot be obliterated completely, but can only be minimized by adopting most vigilant practices, safety precautions etc. Sometimes accidents do happen when responsibility and liability cannot be affixed on certain individuals or malfunctioning of certain machinery and the Law recognizes the Principle of ‘No faulty Liability’ for such unfortunate incidents. In such cases, the loss of life and loss of dependency cost of the dependents of such victims cannot be written off merely on the pretext that negligence on the part of Department or its agencies cannot be substantiated for want of stricter proofs particularly in a welfare state like ours. Therefore, these guidelines have been framed.
1. Title: These guidelines would be called as Guidelines for Settlement of Claims for Compensation.
2. Effective date: The guidelines would be effective from 11.07.2018.
3. Applicability: These guidelines would govern the settlement of compensation claims arising out of accidents resulting into loss of life or permanent disability to a member of general public where the accident happens in any premises where any official activity of the Department is being carried out.
4. Definitions:
a. Accident: Any death or permanent disability resulting solely and directly from any unintended and unforeseen injurious occurrence caused during the maintenance, Operation and provisioning of any public services undertaken by the Department where no negligence can be proved on the part of the Department.
b. Competent Authority: Competent Authority means Secretary to Govt. of India in the Department of Public Enterprises.
c. Department: Means Department of Public Enterprises.
d. Dependent: As defined in the Employee’s Compensation Act, 1923.
e. Designated Officer: An Officer designated by the Competent Authority of the level of Under Secretary or equivalent for the purposes of receiving and processing claims for compensation under the present Guidelines.
f. Victim: Any person who suffers permanent disablement or dies in an accident as defined in these Guidelines.
g. Permanent Disablement: A disablement that is classified as a permanent total disablement under the proviso to Section 2 (l) of The Employee’s Compensation Act, 1923.
5. Detailed Accident Report:– The report prepared by the police within a period of 30 days from the date of incident as per Schedule 1 of these guidelines.
Explanation :– For the purposes of the preparation of the detailed accident report. the word “injury” as referred in Schedule -I refers to “permanent disability” as mentioned in clause 4(a) of the Guidelines.
6. Extent of Liability: On the occurrence of any “accident” as defined under these Guidelines, the Department shall whether or not there has been any wrongful act, neglect or default on its part and notwithstanding anything contained in any other law, be liable to pay compensation to such extent as prescribed below:
(i) In the event of death or permanent disability resulting from loss of both limbs: upto Rs. 10,00,000 (Rupees Ten Lakh).
(ii) In the event of other permanent disability : upto Rs. 7,00,000/-(Rupees Seven Lakh).
However, persons claiming compensation under these guidelines will not claim additional compensation from the Department under any other regulation or statute either directly or through a court of law. The claimant shall submit an undertaking to this effect before availing the compensation under these guidelines.
7. Procedure for settlement of claims in respect of compensation
a. The victim or his/her dependent would make an application within a period of 90 days of the accident to the Designated Officer under whose jurisdiction the accident had occurred. The application should be accompanied by the following documents:
(i) Proof of age of the victim.
(ii) Death certificate of the victim
OR
Permanent disability certificate issued by the Medical Board authorized by the Government.
(iii) Certified copy of FIR lodged in respect of the accident.
(iv) Proof of applicant’s relation with the victim/ Dependency Certificate.
b. The Designated Officer may seek any further documents for settlement of claim to its satisfaction.
Provided that where there are more than one dependent, the Applicant must mention their name, addresses and relations with the victim and the Designated Officer may at its own discretion issue notices to all before releasing the compensation.
c. The Designated Officer on receipt of above application shall take into consideration the Detailed Accident Report submitted by the Police Authority would process the claim of compensation on priority basis but would not normally take more than 30 days for seeking the orders of the competent authority in any case.
d. The Designated Officer, in case where no application is received from the victim/dependents of victims, may on receipt of the detailed accident report proceed suo-moto to initiate the process for consideration for grant of the compensation to the victim/dependents of victim. The payment of compensation whether fully in cash or partly in cash and partly towards reimbursement of medical expenses shall be decided by the sanctioning authority.
e. With effect from the date of the present Guidelines, all contract & agreements to be entered into by the Department with any person or agency for maintenance, operation and provisioning of public service would invariably include a clause whereby any compensation paid under these guidelines shall be recoverable from such person. agency or firm.
f. In no case a claim for appointment of any of the dependents on the compassionate grounds would be entertained by the Department.
8. Method of Disbursement of compensation.
i. The amount of compensation so awarded shall be deposited in a Nationalized bank or if the branch of a Nationalized Bank is not in existence, it shall be deposited in the branch of a scheduled commercial bank, in the joint or single name of the victim/dependents (5). Out of the amount so deposited, 75% (seventy five percent) of the same shall be put in a fixed deposit for a minimum period of one year and the remaining 25% (twenty five percent) shall be available for utilization and initial expenses by the victim/dependent(s) as the case may be. Provided that in exceptional cases, amounts may be withdrawn before one year for Domestic need/marriage in family/ educational or medical needs of the beneficiary at the discretion of the Department.
ii. In the case of a minor, 75% of the amount of compensation so awarded shall be deposited in the fixed deposit account and shall be drawn only on attainment of the age of majority. but not before one year of the deposit provided that in exceptional cases. amounts may be withdrawn for educational or medical needs of the beneficiary at the discretion of the Department.
iii. The interest on the sum shall be credited directly by the bank in the savings account of the victim/dependent(s) on monthly basis.
7th CPC – Amendment to rules on House Building Advance to Railway Servants
Government of India (Bharat Sarkar)
Ministry of Railways (Rail Mantralaya)
(Railway Board)
PC-VII No : 108/2018
RBE No. 101/2018
New Delhi, Dated: 13.07.2018
No. F(E)Spi./2008/ADV.J/6 (7th CPC)
The General Managers and PFAs
All Indian Railways & Production Units
(As per standard list)
******
Subject : Grant of Advances – Seventh Central Pay Commission recommendations – Amendment to rules on House Building Advance (HBA) to Railway servants.
Please refer to this Ministry’s letter of even number dated 05.12.2017 on the above cited subject,vide which, the revised rules relating to the grant of House Building Advance (HBA) as issued by Ministry of Housing & Urban Affairs (Housing-III Section) vide their OM No.I.17011/11(4)/ 2016-H-III dated 09.11.2017 pursuant to acceptance of 7th CPC recommendations, were mutatis-mutandis made applicable to Railway employees.
2. Further clarifications were issued vide this Ministry’s letter of even number dated 28.03.2018 and 27.04.2018.
3. Ministry of Housing & Urban Affairs vide their OM dated 29.06.2018 have now issued instructions regarding applicability of rules contained in their OM dated 09.11.2017 with effect from 01.01.2016 and enhancement of House Building Advance (HBA) in those cases which were sanctioned on or after 01.01.2016 but before 09.11.2017 and these are subject to conditions mentioned in their letter of 29.06.2018. A copy of the same is sent herewith, which shall be applicable mutatis-mutandis on the Railways.
3. Please acknowledge receipt.
4. Hindi version will follow.
(G.Priya Sudarsani)
Joint Director Finance (Estt.)
Railway Board
Encl.: As above
No. F(E)Spi./2008/ADV.J/6 (7th CPC)
Subject: Recommendation for Jeevan Raksha Padak series of awards-2018.
Please find enclosed Ministry of Defence, D (Coord) ID No.1577/D (Coord)/ 2018 dated 27.06.2018 alongwith Ministry of Home Affairs’ ID no. 17/3/2018-Public dated 14th June 2018 on the above subject for information and necessary action.
It is requested that the names of suitable and deserving candidates may be forwarded in the prescribed proforma latest by 30.08.2018 for onward transmission to the Ministry for consideration for Jeevan Raksh Padak series of Awards-2018.
A copy of Government of India, Ministry of Home Affairs letter No.17/1/2018 dt. 28.03.2018 under which the rates of one time monetary allowance admissible to the recipients of Jeevan Raksha Padak series of awards has been enhanced is also forwarded for information please.
