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MACP is applicable from 01.01.2006 or from 01.09.2008 ? – Supreme Court Judgement

MACP is applicable from 01.01.2006 or from 01.09.2008 ? – Supreme Court Judgement

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL DIARY NO.3744 OF 2016

Union of India and Ors.                                                                                                              —– Appellant(s)

Vs.

Balbir Singh Turn & Anr.                                                                                                          —–Respondent(s)

WITH

CIVIL APPEAL DIARY NO.5183 OF 2017
CIVIL APPEAL DIARY NO.5184 OF 2017
CIVIL APPEAL DIARY NO.6249 OF 2017
CIVIL APPEAL DIARY NO.7888 OF 2017
CIVIL APPEAL DIARY NO.18265 OF 2016
CIVIL APPEAL NO.244 OF 2017
CIVIL APPEAL DIARY NO.31768 OF 2016
CIVIL APPEAL DIARY NO.38019 OF 2016
CIVIL APPEAL DIARY NO.42810 OF 2016
CIVIL APPEAL DIARY NO.42879 OF 2016
DIARY NO.4546 OF 2017
DIARY NO.11491 OF 2017
DIARY NO.11871 OF 2017
DIARY NO.13664 OF 2017
DIARY NO.13665 OF 2017
DIARY NO.13666 OF 2017
DIARY NO.18186 OF 2017
DIARY NO.18048 OF 2017
DIARY NO.18045 OF 2017
DIARY NO.18185 OF 2017
DIARY NO.22593 OF 2017
DIARY NO.30116 OF 2017
DIARY NO.23164 OF 2017
DIARY NO.11493 OF 2017
DIARY NO.28798 OF 2017

JUDGMENT

Deepak Gupta, J.

1. Applications for condonation of delay in filing and refiling the appeals are allowed.

2. This bunch of appeals is being disposed of by a common judgment since similar questions of law are involved.

3. The 6th Central Pay Commission was set up by the Government of India to make recommendations in matters relating to emoluments, allowances and conditions of service amongst other things. The Pay Commission also made recommendation with regard to armed forces personnel. On 30th August,2008, the Central Government resolved by a resolution of that date to accept the recommendation of the 6th Central Pay Commission (CPC for short) with regard to the personnel Below officer Rank (PBOR) subject to certain modifications clause (i) of the Resolution reads as follows:-

“(i) Implementation of the revised pay structure of pay bands and grade pay, as well as pension, with effect from 01.01.2006 and revised rates of allowances (except Dearness Allowance/Relief) with effect from 01.09.2008”.

Clause 9 of the Resolution reads as follows:-

“(ix) Grant of 3 ACP up-gradation after 8,16 and 24 years of service of PBORs;”

4. Under the recommendations made by the 5th CPC there was a provision for Assured Career Progression (ACP). Vide this scheme, if an employee was not promoted he was entitled to get the next higher scale of pay after completion of 12/24 years of service. The 6th CPC recommended the grant of benefit of ACP after 10 and 20 years of service. The Union of India, however decided to grant 3 ACP upgradations, after 8, 16 and 24 years of service to PBORs, as per Clause (ix) extracted above. However, it would be pertinent to mention that the 6th CPC did away with the concept of pay scales and reduced the large number of pay scales into 4 pay bands and within the pay bands there was a separate grade pay attached to a post.

5. For the purpose of this judgment we are dealing with the facts of civil appeal diary No.3744 of 2016. It would be pertinent to mention that all the petitioners before the Armed Forces Tribunal (AFT for short) who are respondents before us are persons below officer rank. The respondents in this case retired after 01.01.2006 but prior to 31.08.2008. They claim that the benefit of the Modified Assured Career progression (MACP for short) was denied to them on the ground that the MACP was made applicable only with effect from 01.09.2008. The respondents approached the AFT praying that they are entitled to the benefit of MACP w.e.f 01.01.2006, i.e., the date from which the recommendation of the 6th CPC with regard to pay and benefits were made applicable. The stand of the Union of India was that the MACP was applicable only w.e.f. 01.09.2008 and, therefore, the respondents who had retired prior to the said date were not entitled to the benefit of the MACP. The AFT vide the impugned order dated 21.05.2014 held that the benefit of ACP granted to an employee is part of the pay structure which not only affects his pay but also his pension and, therefore, held that the ACP is not an allowance but a part of pay and, therefore, in terms of Clause (i) of the Government Resolution the MACP was payable w.e.f. 01.01.2006.

6. The question that arises for decision is whether the benefit of MACP is applicable from 01.01.2006 or from 01.09.2008.

7. The answer to this question will lie in the interpretation given to the Government Resolution, relevant portion of which has been quoted hereinabove. A bare perusal of Clause(i) of the Resolution clearly indicates that the Central Government decided to implement the revised pay structure of pay bands and grade pay, as well as pension with effect from 01.01.2006. The second part of the Clause lays down that all allowances except the Dearness Allowance/relief will be effective from 01.09.2008. The AFT held, and in our opinion rightly so, that the benefit of MACP is part of the pay structure and will affect the grade pay of the employees and, therefore, it cannot be said that it is a part of allowances. The benefit of MACP if given to the respondents would affect their pension also.

8. We may also point out that along with this Resolution there is Annexure-I. Part-A of Annexure-I deals with the pay structure, grade pay, pay bands etc., and Item 10 reads as follows :-

10 Assured Career Progression Scheme for PBORs.
The Commission recommends that the time bound promotion scheme in case of PBORs shall allow two financial upgradations on completion of 10 and 20 years of service as at present. The financial upgradations under the scheme shall allow benefit of pay fixation equal to one increment along with the higher grade pay. As regards the other suggestions relating to residency period for promotion of PBORs Ministry of Defence may set up an Inter-Services Committee to consider the matter after the revised scheme of running bands is
Three

ACP upgradation after 8, 16 and 24 years of service has been approved. The upgradation will take place only in the hierarchy of Grade Pays, which need not
necessarily be the hierarchy in that particular cadre.

Part-B of Annexure-I deals with allowances, concessions & benefits and Conditions of Service of Defence Forces Personnel. It is apparent that the Government itself by placing MACP in Part-A of Annexure-I was considering it to be the part of the pay structure.

9.The MACP Scheme was initially notified vide Special Army Instructions dated 11.10.2008. The Scheme was called the Modified Assured Career Progression Scheme for Personnel Below Officer Rank in the Indian Army. After the Resolution was passed by the Central Government on 30.08.2008 Special Army Instructions were issued on 11.10.2008 dealing with revision of pay structure. As far as ACP is concerned Para 15 of the said letter reads as follows:-

“15. Assured Career Progression. In pursuance with the Government Resolution of Assured Career Progression (ACP), a directly recruited PBOR as a Sepoy, Havildar or JCO will be entitled to minimum three financial upgradations after 8, 16 and 24 years of service. At the time of each financial upgradation under ACP, the PBOR would get an additional increment and next higher grade pay in hierarchy.

Thereafter, another letter was issued by the Adjutant General Branch on 03.08.2009. Relevant portion of which reads as follows:-

“…….The new ACP (3 ACP at 8, 16 and 24 years of service) should be applicable w.e.f. 1 Jan 2006, and the old provns (operative w.e.f. the Vth Pay Commission) would be applicable till 31 Dec. 05. Regular service for the purpose of ACP shall commence from the date of joining of a post in direct entry grade.

Finally, on 30.05.2011 another letter was issued by the Ministry of Defence, relevant portion of which reads as follows:-

“5. The Scheme would be operational w.e.f. 1st Sep. 2008. In other words, financial up-gradations as per the provisions of the, earlier ACP scheme (of August 2003) would be granted till 31.08.2008.”

Therefore, even as per the understanding of the Army and other authorities up till the issuance of the letter dated 30.05.2011 the benefit of MACP was available from 01.01.2006.

10. As already held by us above, there can be no dispute that grant of ACP is part of the pay structure. It affects the pay of the employee and he gets a higher grade pay even though it may be in the same pay band. It has been strenuously urged by Col. R. Balasubramanian, learned counsel for the UOI that the Government took the decision to make the Scheme applicable from 01.09.2008 because many employees would have lost out in case the MACP was made applicable from 01.01.2006 and they would have had to refund the excess amount, if any, paid to them. His argument is that under the old Scheme if somebody got the benefit of the ACP he was put in the higher scale of pay. After merger of pay scales into pay bands an employee is only entitled to higher grade pay which may be lower than the next pay band. Therefore, there may be many employees who may suffer.

11. We are only concerned with the interpretation of the Resolution of the Government which clearly states that the recommendations of 6th CPC as modified and accepted by the Central Government in so far as they relate to pay structure, pay scales, grade pay etc. will apply from 01.01.2006. There may be some gainers and some losers but the intention of the Government was clear that this Scheme which is part of the pay structure would apply from 01.01.2006. We may also point out that the Resolution dated 30.08.2008 whereby the recommendation of the Pay Commission has been accepted with modifications and recommendations with regard to pay structure, pay scales, grade pay etc. have been made applicable from 01.01.2006. This is a decision of the Cabinet.

This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government.

12. Col. R. Balasubramanian, learned counsel for the UOI relied upon the following three judgments viz. P.K. Gopinathan Nair & Ors. v. Union of India and Ors. 1 , passed by the High Court of Kerala on 22.03.2017, Delhi Urban Shelter Improvement Board v. Shashi Malik & Ors.2, passed by the High Court of Delhi on 01.09.2016, K.K. Anandan & Ors. v. The Principal Accountant General Kerala (Audit) & Ors3 passed by the Central Administrative Tribunal, Ernakulam Bench, Kerala on 08.02.2013. In our view, none of these judgments is applicable because the issue whether the MACP is part of the pay structure or allowances were not considered in any of these cases.

13. In this view of the matter we find no merit in the appeals, which are accordingly disposed of. All pending applications are also disposed of.

…………………………..J.
(Madan B. Lokur)

……………………………J.
(Deepak Gupta)

New Delhi
December 08, 2017

Judgement Copy

Source : Confederation

NFIR Letter : Revision of Over Time Allowance to Railway employees consequent upon revision of pay scales and allowances

Revision of Over Time Allowance to Railway employees consequent upon revision of pay scales and allowances

NFIR

No.I/8/Part II

Dated:11/12/2017

The Secretary (E)
Railway Board
New Delhi

Dear Sir,

Sub: Revision of Over Time Allowance to Railway employees consequent upon revision of pay scales and allowances – reg.

Ref: (i) Railway Board’s letter No.PC-V/2008/A/O/3 (OTA) dated 17-02-2010
(ii) Railway Board’s Letter No.PC-V/2008/A/O/3 (OTA) dated 20-05-2011
(iii) NFIR’s letter No.IV/NFIR/7 CPC (Imp)/2016/Allowance/Part I dated 27-09-2017
(iv) Railway Board’s letter No.Pc-V/2017/A/OTA/1 dated 28-11-2017

Pursuant to acceptance of 7th CPC recommendation by the Government for revision of Over Time Allowance rates. NFIR vide its letter dated 27-09-2017 requested the Railway Board to issue instructions for revising the rates of Over Time Allowance for Railway Employees. In the said communication, the Federation had highlighted that Railways being operational system wherein the staff are duty bound to work beyond rostered/statutory limits when ordered in exigency of service, as their duty hours are governed by statutory acts and they are eligible for Over Time Allowance as part of wages.

In the Federation’s communication dated 27-09-2017, Railway Board’s attention was also invited to Board’s decision vide No.PC-V/2008/A/O/3 (OTA) dated 20-05-2011 for granting payment of Over Time Allowance to the Railway Employees at the revised rates w.e.f 01-01-2006 (as a result of agreement with the Federations on DC/JCM Item No.24/2010).

Federation is surprised to note that in Board’s instructions vide RBE No.175/2017 dated 28-11-2017, the revision of Over Time Allowance rates has been given effect from 01-07-2017 instead from 01-01-2016 ignoring the following:-

The Over Time Allowance is part of wages, which needs to be revised w.e.f 01-01-2016 in terms of statutory provisions.

The Board’s decision dated 28-11-2017 is breach of agreement with the Federations

The Railway Board has unfortunately failed to take into account the fact mentioned in NFIR’s letter dated 27-09-2017.

NFIR, therefore urges upon the Railway Board to review the case for giving effect to the payment of Over Time Allowance at revised rates w.e.f 01-01-2016 to Railway Employees and issue instructions accordingly to GMs.

Yours faithfully,

(Dr.M.Raghavaiah)
General Secretary

Source : NFIR

Provision of CUG facility to ticket checking staff

Provision of CUG facility to ticket checking staff

Government of India (Bharat Sarkar)
Ministry of Railways (Rail Mantralaya)
(Railway Board)

No.2015/TG-V/12/3

New Delhi, dated 21.11.2017

The Principal Chief Commercial Managers,
All Zonal Railways.

Commercial Circular No. 760 of 2017

Sub: Provision of CUG facility to ticket checking staff.

The ticket checking staff is frontline staff and the first to be contacted in the train by the passengers in case of any type of problem or any unforeseen situation like accident/fire/theft etc. In addition to their core activity of ticket checking they are supposed to provide first aid to sick passengers, they have to remain vigilant in respect of child trafficking in trains, are required to deal with security related situations during the run of the train, have to check for dangerous/prohibited/ inflammable articles and to remove the same at the next stoppage, to keep a check on the catering services etc. However, the ticket checking staff has not been provided with CUG facility.

2. At present the provision of CUG facility is governed based on the principle of expenditure neutrality as stipulated in letter no 2004/Tele/TN/3 dated 07.062006. The matter has been examined and it is felt that keeping in view the diverse duties assigned to on board ticket checking staff, provision of CLIO facility to them is an absolute necessity regardless of financial neutrality. The competent authority has, therefore, desired that CUG facility with monthly ceiling of Rs. 300/- per month should be provided to all ticket checking staff even if financial neutrality is not achieved.

3. This issues with the concurrence of Finance Directorate of Board’s office,

(Shelly Srivastava)
Director Passenger Marketing
Railway Board

New Delhi , Dated 21.11.2017

Signed Copy

DOPT trying best to clear backlog of promotions : Dr Jitendra Singh

DOPT trying best to clear backlog of promotions: Dr Jitendra Singh

The Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh said that the Department of Personnel & Training (DoPT) is trying its best to clear the backlog of promotions which had accumulated for several years. He said, while the Government led by the Prime Minister Shri Narendra Modi follows a policy of zero tolerance towards corrupt and non-performing officers, at the same time it is also supportive towards performing officers of integrity.

Dr Jitendra Singh was responding to a delegation of Central Secretariat employees who called on him here today and sought his intervention for timely promotion of lower grade staff members. They also submitted a memorandum on behalf the Central Secretariat MTS Association, wherein it was submitted that many of the lowermost working professionals in the Government of India get deprived of even single promotion during their entire service tenure.

Dr Jitendra Singh said, in order to bring in the ease of governance as well as objectivity in empanelments, the government has, in the last three years, improvised upon the procedures so as to ensure that there are no subjective preferences involved in carrying out the promotions. The procedures have been made more hi-tech using sophisticated technology tools to minimize the human interface, he added.

He said that in the past, every government took credit for bringing in a new legislation or rule while this government has done away with nearly 1500 rules which were either obsolete or had become irrelevant with the passage of time. All this is meant not only to ensure effective and timely delivery of outcomes for the public, but also to enable the employees to perform to the best of their ability, he added.

Dr Jitendra Singh said, he himself personally feels disturbed to come across cases where some of the employees working in the lowest rung of administration spend their entire service tenure of 30 to 35 years without securing a single promotion. He said, he has discussed the issue with all the senior officers in the Ministry and several innovative means are being evolved to avoid stagnation at middle and lower rungs of administration.

Dr Jitendra Singh also regretted that in a large number of cases, stagnation in promotions was the result of litigation amongst the employees themselves and even though the DoPT tries its best to put forward its view in the court of law, the delay becomes inevitable.

IBA Banking Technology Conference, Expo 2017-18 and Awards 2016 -17 February 23, 2018

IBA Banking Technology Conference, Expo 2017-18 and Awards 2016 -17 February 23, 2018

Indian Bank’s Association

No.CIR/COMM/BT-2017-18/-
Date : 07th December, 2017

Chief Executives of all Member Banks

Dear Sir/Madam,

IBA Banking Technology Conference, Expo 2017-18 and Awards 2016 -17 February 23, 2018 – Hotel Trident, Mumbai

IBA takes pleasure in presenting the Banking Technology Conference, Expo 2017-18 and Awards 2016 -17 scheduled on Thursday, February 23, 2018 at Hotel Trident, Nariman Point, Mumbai 400 021

2. IBA Banking Technology Conference timings are from 9.30 a.m. to 5.00 p.m. IBA Banking Technology Awards 2016-17 function will start from 6.00 p.m. onwards followed by dinner.

3. This forum will incorporate various pertinent sub-events and will address core technology issues that are challenging the Indian banking industry today. The intent is to provide the audience with a diverse spectrum of technologies and business issues, those that have an inherent ability to profoundly impact the Banking business environment. The full day multi-track Conference will discuss critical business and technology related issues and will try to seek answers

4. The IBA Banking Technology Awards 2016-17 The Awards recognize and reward individuals, professionals and banks identifying themselves in the technology segment of Banking Industry – whose innovative ideas, initiative, risk leadership qualities, implementation of the various initiatives have kept their organizations ahead of their competitors by either:

  • Maintaining the competitive edge
  • Opening up new revenue streams or by
  • Changing the competitive landscape

5. The Awards Committee consists of an eminent Jury assisted by a Knowledge Partner, Ernst & Young. The Jury decides the Award Categories, the method of evaluation for awarding the winners and approve the final evaluation. There would be 6 separate categories with awards for Banks groups based on their Asset Size – Large Banks, Medium Sized Banks and Small Banks : –

1) Best Technology Bank of the Year
2) Best Use of Analytics for Business Outcome
3) Best IT Risk and Cyber Security Initiatives
4) Best Financial Inclusion Initiatives
5) Best Use of Digital and Channels Technology
6) Best Payments Initiatives

We invite the members to apply for all the above categories

6. There will be one more award category this year for “The Best IT Innovative Product” (app/solution/ process) which will be evaluated across all Banks irrespective of their size.

7. The Best innovative Product (App/solution/process) questionnaire for this category will be circulated separately.

8. For Co-operative banks and RRBs – There will be one Award each under “Best Technology Bank of the Year”.

9. A copy of the Award nominations forms are enclosed and are also uploaded on IBA’s website. To download the nomination forms, please visit IBA Website: www.iba.org.in. The check list for submission includes a) an Entry Form, b) Supporting documents. The award forms are to be submitted online routed through the IT heads of the banks. The last date for submitting the nominations is 10 th January, 2018.

10. The awards are considered for the performance of the Banks in IT for the period April 2016 to March 2017. Any product / performance outside this period will not be given credit in the evaluation.

11. The duly filled in forms should be submitted by email to [email protected]/ [email protected]

12. Conference Date, Time & Venue : Friday, February 23, 2018 – 9.00 a.m. to 8.30 p.m. – Hotel Trident, Nariman Point, Mumbai – 400 021.

The details of the Conference programme will be published shortly.

For any clarifications, please feel free to contact Mrs. Jaya Puthli, Vice President on 022 2217 4020 or write to [email protected]

Thanking You.

Yours faithfully

V G Kannan
Chief Executive

 

Source :  http://www.iba.org.in/

Flag Station Allowance – 7th CPC Railway Order

Flag Station Allowance – 7th CPC Railway Order

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.E(P&A)I-2017/SP-1/Genl-1

PC-VII No.57
RBE No.121/2017
New Delhi,dated 05-09-2017

The General Managers and Principal Financial Advisers,
All Indian Railways & Production Units.

Sub: Implementation of recommendations of Seventh Central Pay Commission accepted by the Government — Flag Station Allowance.

Consequent upon the decisions taken by the government on the recommendations of the Seventh Central Pay Commission relating to revision of allowances, the President is pleased to abolish Flag Station Allowance (Payable to Commercial Staff in charge of Flag Stations where Train passing duties are not involved) as a separate allowance. The eligible employees will now be governed by the newly proposed “Extra Work Allowance”, which shall be governed as under:

a. Extra Work Allowance will be paid at a uniform rate of 2%(two percent) of the basic pay per month.

b. An employee shall receive this allowance for a maximum period of one year, and there should be minimum gap of one year before the same employee is deployed for similar duties again.

c. This allowance shall not be combined i.e. if the same employee is performing two or more such duties and is eligible for 2%(two percent) allowance for each add-on, then the total Extra Work Allowance payable will remain capped at 2%(two percent) of basic pay.

2. These orders shall be effective from 1S July, 2017.

3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

4. Please acknowledge receipt.

S/d,
(Anil Kumar)
Dy.Director/E(P&A)-I
Railway Board

Signed Copy

FAQs on the time limit for disposal of disciplinary cases

Frequently Asked Questions on timeline for completing Disciplinary proceeding in time bound manner under CCS (CCA) Rules, 1965

F.No.11012/09/2016 – Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi — 110001
Dated 8th December, 2017

OFFICE MEMORANDUM

Subject: Frequently Asked Questions on timeline for completing Disciplinary proceeding in time bound manner under CCS (CCA) Rules, 1965.

Instructions have been issued in the past for expeditious disposal of disciplinary proceeding cases. Further, Central Civil Services (Classification, Control & Appeal) Rules, 1965 have also been notified vide Gazette Notification No. 548(E) dated 2.06.2017 (copy enclosed) for introducing stringent timeline for completing disciplinary proceeding in a time bound manner. Based on the same, a set of frequently asked questions is attached for necessary information.

2. Ministries/ Departments are requested to bring the contents of this O.M. to all concerned for compliance.

3. Hindi version will follow.

(Nitin Gupta)
Under Secretary to the Govt Of India

[Annexure]

FAQs on the time limit for disposal of disciplinary cases

Question: What is the time limit for charged officer to submit his written statement of defence on charge sheet?

Answer: It is 15 days, which can be further extended by a period not exceeding 15 days at a time for reasons to be recorded in writing by the Disciplinary Authority or any other authority authorized by the Disciplinary Authority on his behalf. The overall limit for filing of reply should not be extended beyond 45 days from the receipt of the articles of charge by the charged officer. [Sub Rule 4 in Rule 14 of CCS (CCA) Rules, 1965]

Question:What is the time limit for producing requisite documents claimed by charged officer during?

Answer:Sub rule (13) in Rule 14 provides for producing the documents or issue of non-availability certificate within a period of one month of the receipt of such requisition.

Question: What is the time period for the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge if the Government Servant fails to appear within the specified time or refuses or omits to plead?

Answer: It is 30 days. [Sub rule (11) in Rule 14 of CCS (CCA) Rules, 1965]

Question:What is the time period for inspecting the documents produced by Presenting Officer for the purpose of preparing his defence?

Answer:Within five days of the order passed by Inquiring Authority, which can be further extended not exceeding 5 days. [Sub rule (11) (i) in Rule 14 of CCS (CCA) Rules, 1965]

Question: What is the notice period for production of any documents, which are in possession of Government but not mentioned in the list of documents served with the charge sheet but a request in this regard is made by the Charged Officer?

Answer: The Inquiring Authority can allow a time of 10 days for the purpose, which can further be extended by not exceeding 10 days. [Sub rule (11) (iii) in Rule 14 of CCS (CCA) Rules, 1965]

Question: What is the time limit provided for adjournment before close of the case for Presenting Officer to produce evidences not included in the list given to Charged officer or Inquiring Authority himself call for new evidence or recall and reexamine any witness?

Answer: Such adjournment is done for 3 clear days excluding the day of adjournment and the day to which the inquiry is adjourned. [Sub rule 15 in Rule 14 of CCS (CCA) Rules, 1965]

Question: What is the time limit for completing the inquiry and submit report by Inquiring Authority?

Answer: In terms of notification No G.S.R. 548 (E) dated 02.06.2017, the Inquiring Authority should conclude the inquiry and submit his report within 6 months from the date of receipt of order of his appointment. An additional time not exceeding six months for completing the inquiry can be allowed at a time on the basis of sufficient and good reasons, to be recorded in writing by Disciplinary Authority [Sub rule (24) in Rule 14 of CCS (CCA) Rules, 1965]

Question: Whether time limit of 6 months decided vide notification dated 02.06.2017 is also applicable to cases where Inquiring Authority was appointed prior to the 02.06.2017?

Answer: Yes. Ideally such cases should have been completed, as per the time limit prescribed in the said notification, if those cases are still pending, the period of six months for completing the inquiry can be reckoned w.e.f. 02.06.2017 and extension should be sought, if required.

Question: What is the time limit for furnishing written representation by charged officer on the advice of UPSC?

Answer: It is 15 days from the receipt of the copy of advice of UPSC by the charged officer. [Sub rule (3)(b) in Rule 15 of CCS (CCA) Rules, 1965]

Question: What is the time limit for sending proposal to CVC for first stage advice?

Answer: If vigilance angle is involved in any complaint, this case should be referred to CVC for their 1 st stage advice within one month of the receipt of investigation report. If vigilance angle is not involved, the case should be put up to disciplinary authority for taking a decision to initiate disciplinary action under CCS (CCA) Rules within one month from the date of receipt of investigation report. [DoP&T’s O.M. No. 425/04/2012-AVD-IV(A) dated 29.11.2012]

Question: What is the time limit to put up the case to Disciplinary Authority after receipt of first stage advice of CVC for taking a decision to initiate disciplinary proceeding?

Answer: Within one month of the receipt of first stage advice of CVC. [DoP&T’s O.M. No. 425/04/2012-AVD-IV(A) dated 29.11.2012]

Question: What is the time limit to issue a charge sheet to Charged Officer once a decision is taken by Disciplinary Authority to initiate disciplinary proceeding?

Answer: The charge sheet should be issued to Charged Officer within a week from the date of receipt of the decision of Disciplinary Authority. [DoP&T’s O.M.No.425/04/2012-AVD-IV(A) dated 29.11.2012]

Question: What is the time limit for seeking representation of Charged Officer on inquiry report and disagreement of Disciplinary Authority, if any on it?

Answer: The Charged Officer may be allowed 15 days to submit, if he so desires, his written representation or submission to the Disciplinary authority. [DoP&T’sO.M. No. 11012/13/85-Estt.(A) dated 29.06.1989]

Question: What is the time limit for seeking second stage advice of CVC, if required or to UPSC for their advice?

Answer: It should be sent to CVC or UPSC within one month from the date of receipt of representation of Charged Officer on Inquiry Report. (CVC’s circular No. 000NGL/18 datd 23.05.2000)

Question: What is the time limit for concluding major penalty proceeding?

Answer: It should be completed within 18 months from the date of issue of the charge sheet to Charged Officer. [DoP&T’s O.M. No. 372/3/2007-AVD-III (Vol.10) dated 14.10.2013]

Signed Copy

Classification of Posts under the CCS (CCA) Rules, 1965

Classification of Posts under the CCS (CCA) Rules, 1965

F.No.11012/10/2016 – Estt .A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi — 110001
Dated: 8th December, 2017

OFFICE MEMORANDUM

Subject: Classification of Posts under the CCS (CCA) Rules, 1965.

The undersigned is directed to refer to this Department’s Order No. S.O. 3578 (E) dated 9.11.2017 regarding classification of civil posts under CCS (CCA) Rules, 1965. As per this order, all civil posts except person serving in the Indian Audit and Accounts Department under the Union are classified as follows:-

 

S.No.

Description of Posts

Classification of posts

(1)

(2)

(3)

1

A Central Civil Post carrying the pay in the Pay Matrix at the Level from 10 to 18.

Group A

2

A Central Civil Post carrying the pay in the Pay Matrix at the Level from 6 to 9.

Group B

3

A Central Civil Post carrying the pay in the Pay Matrix at the Level from 1 to 5.

Group C

2. In some Ministries/ Departments, posts may exist which are not classified as per the norms laid down by this Department. If, for any specific reason, a Ministry/ Department proposes to classify the posts differently, it would be necessary for that Department to send a specific proposal to Department of Personnel and Training giving full justification in support of the proposal within three months of this O.M. so that the exception to the norms of classification laid down in S.O. 3578 (E) dated 9.11.2017 (copy enclosed) can be notified.

3. Hindi version will follow.

(Nitin Gupta)
Under Secretary to the Government of India

Signed Copy

Pre Budget Consultation – Trade unions view point on issues to be considered for framing budget for the year 2018-19

Pre Budget Consultation – Trade unions view point on issues to be considered for framing budget for the year 2018-19

The Finance Minister held Pre Budget 2018 discussion with the representatives of central trade unions on 5th December 2018. Representatives of all the central trade unions attended the meeting. CITU was represented by its president Hemalata.

The meeting, as every year, appeared to be not more than a ritual. The ‘consultative meeting’ with the 12 trade unions that were called, lasted for around 1 hour. The trade union representatives were requested to give their opinions in 3-4 minutes. The trade unions were asked to express their concerns and suggestions related to the union budget within this time frame.

Ten central trade unions jointly presented their views in a note to the Finance Minister. In her intervention Hemalata reiterated that pre budget consultation with trade unions should not be treated as a mere ritual; the views of the trade unions representing the workers who produce the wealth should be given due place in the budget proposals. She also demanded that the Group of Ministers constituted under the chairmanship of the Finance Minister in 2015 to discuss the demands raised by the trade unions should continue discussions with them and resolve their demands. Instead of focussing on improving ‘ease of doing business’ to benefit the corporates, the government should focus on improving India’s position in ‘Global hunger index’ and closing down the ‘gender gap’ This should be done by increasing allocations for social sector including health and education, to the ICDS, National Health Mission, Midday Meal Programme etc that serve the poor, particularly women and children. ILC recommendations on recognising ‘scheme workers’ as ‘workers’, paying minimum wages to them etc should be implemented.

She also emphasised the point that the government should increase spending on social sectors like education and health and mobilise resources for this by taxing the rich who can pay. It should focus on employment generation increasing public expenditure on infrastructure. All vacant posts in various government departments including railways etc should be filled up by fresh recruitment. MGNREGA should be implemented in all rural areas and extended to urban areas.

INTUC            AITUC         HMS                    CITU            AIUTUC

TUCC           SEWA               AICCTU                 UTUC                LPF

Dated 05.12.2017

The Hon’ble Minister of Finance

Government of India

North Block,

New Delhi, 110 001

Sub:   Trade unions view point on issues to be considered for framing budget for the year 2018-19 

Sir,

To start with, we urge you to take the views presented jointly by the trade unions and incorporate them in the budget proposals so that this meeting would be meaningful. We request you not to convert this meeting into a mere a ritual.

Please recall that the Group of Ministers headed by you had an inconclusive discussion with the trade unions on the 12 point charter of demands of the working people of the country, in August 2015. The GoM did not resume the discussions despite requests from the central trade unions. The discussion the Labour Minister held with the central trade unions on 7th November 2017 did not yield any results.

Hence, we feel compelled to reiterate our demands again and present our views as follows:

  • Increase budgetary allocations for social sector: The government should increase allocations on social sector and basic essential services like health, education, food security etc in the Union Budget. The necessary financial resources should be raised internally by taxing the rich who have the capacity to pay.
  • Effective measures against deliberate tax and loan repayment defaults: Effective and firm measures should be taken against deliberate tax default by the big business and corporate lobby to curtail the huge accumulation of unpaid taxes, which have been continuously increasing. Further, wilful default should be made a criminal offence, the list of wilful defaulters should be made public and stringent measures such as fast track Debt Recovery Tribunals should be implemented.
  • Minimum wage: Minimum wage fixed on the basis of the recommendations of the 15th Indian Labour Conference and the Supreme Court judgment in Raptakos & Brett case and linked to Consumer Price Index, should be guaranteed to all workers. The 7th Pay Commission has worked this to be Rs 18000 per month, which the government has accepted. Hence, the minimum wage should not be less than Rs 18000 per month, which has been the common demand of all the central trade unions. Need based minimum wage should be considered as an essential part of social security.
  • Resolve demands of the Government employees regarding 7th Pay Commission: All the pending demands of the Government employees in centre and states in regard to 7th pay commission be resolved within time frame including arrears of allowances with effect from 01.01.2016.  The autonomous bodies be included into for all the benefits of the 7th pay commission.
  • Price rise: The prices of essential commodities, particularly of food items have been spiralling making it impossible for the workers and other toiling people to meet their basic daily needs. Speculative forward trading and hoarding are major factors contributing to the price rise. The government should ban speculative forward trading in essential commodities, take strong measures to curtail hoarding and strengthen Public Distribution System, making it universal. Stop the system of cash transfer to beneficiaries’ accounts in lieu of PDS
  • Stop disinvestment and strategic sale of public sector units: The public sector has to be strengthened and expanded. Budgetary support should be provided for the revival of potentially viable sick public sector units. Strategic sale of the profit making PSUs, which is being resorted to at present should be stopped. The amendments to the Motor Vehicle Act, which pave the way for privatisation of the state – owned public transport system should be withdrawn.
  • Employment generation: Employment generation has nosedived in the recent period. Massive public investment in infrastructure, social sectors and agriculture would generate employment. The union budget should give priority and allocate the necessary funds for this. All vacant sanctioned posts in the different government departments, PSUs and autonomous institutions should be filled up through fresh recruitment. The ban on creation of new posts should be lifted. The practice of surrendering/ abolition of posts should be done away with.
  • Prevent dumping: The increasing import of industrial commodities including capital goods should be contained and regulated to prevent dumping. Protect and promote domestic industries. This will also help in preventing job losses
  • Extend MGNREGA: Expenditure on MGNREGA should be increased to cover all rural areas. Ensure immediate payment of wages to workers employed under MGNREGA. It should be amended to include the urban areas as well. The unanimous recommendation of 43rd ILC to extend the scheme to urban areas, guarantee employment for a minimum of 200 days with statutory minimum wage, should be implemented.
  • Contract and casual workers: No contract/casual workers should be deployed on jobs of perennial nature. The contract and casual workers doing the same and similar work as the permanent workers should be paid the same wages and benefits as paid to regular workers as directed by Hon’ble Supreme Court of India in 2016.
  • FDI: The CTUs have been repeatedly demanding that FDI should not be allowed in crucial sectors like defence production, railways, financial sector, retail trade etc. But the government has persisted with this policy. Corporates with large NPAs are allowed to invest in sensitive sectors like defence. We reiterate the demands that FDI should not be allowed in the crucial sectors.
  • Defence: Privatisation of the defence sector should be stopped. The order outsourcing of the 143 items of the total 273 produced by the public sector ordinance factories should be withdrawn.
  • Scheme workers: Regularise the workforce employed in the various schemes of government of India including the ICDS, NHM, Midday Meal Programme, National Child Labour Project, Sarva Siksha Abhiyan etc. Till this is done, at least immediately implement the recommendation of the 45th ILC that these scheme workers should be recognised as ‘workers’, they should be paid minimum wages and provided social security benefits including pension. Increase budgetary allocations to these schemes and stop privatisation of these schemes in any form.
  • Domestic workers: The government should ratify the ILO Convention 189 and enact a central law and create support system for domestic workers.
  • Unorganised workers: Create a National Fund for Unorganised Workers to provide social security for all unorganised workers including contract, casual, migrant workers etc. Direct all state governments to frame rules under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act and allocate funds for developing street vending as livelihood model. Management of cess under the Building and Other Construction Workers’ Welfare Board, Beedi Workers Welfare Board etc. should be made the responsibility of Ministry of Finance, which should ensure its proper collection, stoppage of evasion and utilisation.
  • Labour law reforms: Stop labour law amendments that curtail the basic and trade union rights of workers and provide unhindered ‘hire and fire’ facilities to the employers. The Code on Wages Bill, at present before the Standing Committee on Labour and on the draft Code on Industrial Relations Bill should be finalised on the basis of the opinions of the central trade unions expressed unanimously. No labour law amendment should be undertaken without the consent of the trade unions and workers who are the main stakeholders and the most affected.
  • EPF: The threshold limit for EPF scheme should be brought down to 10. Government and employers’ contribution should be increased to provide a minimum pension of Rs 3000 per month and make it sustainable. Stop investing EPF funds in share market. The Supreme Court has given a judgment and order for higher payment of pension under EPS – 95. This option should be made available for all workers covered under the said scheme.
  • Pension for all: Pension should be construed as deferred wage and all workers who are not covered by any pension scheme should be ensured a pension not less than Rs 3,000/- per month.
  • New Pension scheme: NPS should be withdrawn. All central and state government employees recruited on or after 1.1.2004 should be covered under the Old Pension Scheme.
  • Gratuity: Gratuity under the Payment of Gratuity Act should be raised to Rs 20 lakhs and 30 days wages instead of 15 days per completed year of service.
  • ADHAR: Government should not rush making ADHAR linking compulsory
  • Closed and sick factories: Ensure that workers of closed factories get their dues within a fixed time limit. Sudden winding up of the BIFR has left many stakeholders without a remedy. Rules for carrying out the provisions of the Sick Industrial Companies (Special Provisions) Repeal Act, 2003, should be framed immediately to facilitate them.
  • Income tax exemption: The ceiling for income tax for salaried persons and pensioners should be raised to Rs 5 lakh per year. Income Tax ceiling for senior citizens should be raised to Rs.8 lakhs. All perks and fringe benefits like housing, medical and educations facilities and running allowances in railways should be exempted from income tax net totally.
  • Political funding: Recently the government removed the limit on the amount companies can donate to political parties and the need to name the political party receiving the funds. This is far from the transparency promised in public life. The earlier regime should be restored.
  • Railways: Adequate financial resources should be allotted to the railways to ensure more effective, accessible and affordable transport to the common people, particularly the poor. The capabilities of public sector production units should be utilised fully, further developed and strengthened. No measure should be taken to privatise the railways. The measures to hand over the railway stations across the country to private players should be immediately stopped. Any property of railways should not be handed over to private sector through lease or sale.  The decision to allow 100% FDI in railways should be withdrawn. The pending expansion, track renewal, signals up gradation projects should be completed at the earliest. Adequate financial resources should be allocated to improve safety systems and ensure safe rail travel for the people. All the vacancies in the railways should be filled up. The long pending demands of the railway employees like enhancement of ceiling in respect of running allowance for tax exemption, housing scheme etc should be addressed positively.

To conclude:

We reiterate our strong opposition to the anti worker measures being undertaken by the government on the pretext of improving the ‘ease of doing business’, to benefit the employers, particularly the big corporates, domestic and foreign.

We once again urge upon the government to take concrete measures to resolve the 12 point charter of demands of the working people, being repeatedly raised by the central trade unions, as well as the pressing issues listed above.

We regret that none of the suggestions of the central trade unions, made in the earlier pre budget meetings were incorporated in the previous budgets. We hope that this would not be repeated yet again and the points raised by us will be given positive consideration while framing budget 2018-19.

With regards,

                                                Yours sincerely

INTUC                   AITUC           HMS             CITU                  AIUTUC

TUCC              SEWA                AICCTU              UTUC                 LPF

Source : Confederation

Rajasthan Work-charged Employees (Revised Pay) Rules, 2017

GOVERNMENT OF RAJASTHAN
FINANCE DEPARTMENT
(RULES DIVISION)

ORDER

No. F. 13(1)FD(Rules)/2017

Jaipur, dated : 09.12.2017

Sub.: The Rajasthan Work-charged Employees (Revised Pay) Rules, 2017

The Governor of Rajasthan has been pleased to order to amend the Rajasthan Work-charged Employees (Revised Pay) Rules, 2017 promulgated vide Finance Department order of even number dated 30.10.2017 as under;

2. In the Rajasthan Work-charged Employees (Revised Pay) Rules, 2017:-

(a) the existing words and figures “1st October, 2017” wherever occurring in these rules shall be substituted by the words and figures “1st January, 2016”.

(b) the existing figures “01.10.2017” wherever occurring in these rules shall be substituted by figures “01.01.2016”.

(c) the existing figures “30.09.2017” shall be substituted by figures “31.12.2015”.

3. After the existing Rule 17, the following new rule 18 and 19 shall be inserted, namely;

“18. Non-accrual of Arrears.- Notwithstanding anything contained in these. Rules, no arrear of Pay and Allowances thereon, on any account shall accrue to existing Work-charged employees for the period upto 31.12.2016”.

“19. Payment of Arrear.- The arrear for the period from 01.01.2017 to 30.09.2017 shall be payable in three instalment in the ratio of 30%, 30% and 40%. The first, second and third instalment shall be payable on or after 01.04.2018, 01.07.2018 and 01.10.2018 respectively by crediting in GPF account of concerned employee. The revised pay and allowances thereon in cash shall be made with effect from 01.10.2017 payable on 01.11.2017”.

By order of the Governor

(Manju Rajpal)
Secretary to the Government
Finance (Budget)

Signed Copy

Source : finance.rajasthan.gov.in

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