Implementation of Government’s decisions on the recommendations of the 7th Pay Commission – Revision of Pension of pre-2016 pensioners/family pensioners etc
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
NEW DELHI
Subiect : Implementation of Government’s decisions on the recommendations of the 7th Pay Commission -Revision of Pension of pre-2016 pensioners/family pensioners etc.
A reference is invited to para 2.1 of Deptt. of P&PW OM No. 38/37/2016-P&PW (A)(ii) dated 04.08.2016 wherein it has clearly been stated that “these orders shall apply to all pensioners/ family pensioners who were drawing pension / family pension before 1.1.2016 under the Central Civil Services (Pension) Rules,1972, Central Civil Services (Extraordinary Pension) Rules and the corresponding rules applicable to Railway pensioners and pensioners of All India Services, including officers of the Indian Civil Service retired from service on or after 1.1.1973”.
2. Further, para 9 of the aforesaid OM states that “All Pension Disbursing Authorities including Public Sector Banks handling disbursement of pension to the Central Government pensioners have been authorized to pay pension/family pension to existing pensioners / family pensioners at the revised rates without any further authorization from the concerned Accounts Officers/Head of Office etc”. CPAO has also clarified vide point No.9 of its clarification issued to the banks at Annexure-II of its communication number CPAO/IT&Tech/ Revision (7th CPC)/19 Vol-lll/2016-17 / 124 dated-30.08.20l6
3. However, complaints from All India Service Pensioners, who are drawing their pension through State Governments, are being received in CPAO that the banks have not revised their pensions for want of any instruction from respective AGs/Designated Authorities
Keeping in view the grievances of AIS pensioners, banks are advised to comply with the instructions of para 9 of DP&PW OM dated-04.08.2016 and make payment to AIS pensioners immediately.
This issues with the approval of Chief Controller (Pensions).
F.No. 1/1/2013-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
***
North Block, New Delhi
Dated the 7th October, 2016
OFFICE MEMORANDUM
Subject: Uploading of RTI replies on the respective websites of Ministries/Departments
Attention is invited to para 1.4.1. of the enclosed guidelines referred to in this Deptt.’s O.M. No.1/6/2011-IR dated 15.04.2013, for implementation of suo-motu disclosure under Section 4 of the RTI Act, 2005, which states as follows:-
”All Public Authorities shall proactively disclose RTI applications and appeals received and their responses, on the websites maintained by Public Authorities with search facility based on key words. RTI applications and appeals received and their responses relating to the personal information of an individual may not be disclosed, as they do not serve any public interest.”
2. Further vide O.M. No.1/1/2013-IR dated 21.10.2014 on the issue of uploading of RTI replies on the respective websites of Ministries/Departments, DoPT had requested that:
”RTI applications and appeals received and their responses relating to the personal information of an individual may not be disclosed, if they do not serve any public interest.”
3. Now, keeping in view the directions dated 20.11.2013 of Hon’ble High Court of Kolkata in Writ Petition No. 33290/2013 in the case of Mr.Avishek Goenka Vs Union of India regarding personal details of RTI applicants, it is clarified that while proactively disclosing RTI applications and appeals received and responses thereto, on their website, the personal details of RTI applicant/appellant should not be disclosed as they do not serve any public interest. It is further clarified that the personal details would include name, designation, address, e-mail id and telephone no. including mobile no. of the applicant.
Option for pay fixation in the revised 7th CPC Pay Structure
Confederation writes to Finance Ministry for Clarificatory Order
CONFEDERATION OF CENTRAL GOVT.EMPLOYEES & WORKERS
No.Confdn/7th CPC/Option/2016-17
10-10-2016
To
Shri.R.K.Chathurvedi,
Joint Secretary to Govt. of India,
Ministry of Finance,
Department of Expenditure
(Implementation Cell),
Room No.124, The Ashok, North Block,
New Delhi – 110 001.
Sir,
Sub: Exercising option for pay fixation in the revised 7th CPC Pay Structure, from the date of promotion or from the date of next increment from
01-01-2017 – C/o.Officials who are due for promotion/upgradation from Grade Pay 2800 to 4200 during the period from 01-01-2016 to
01-07-2017 – Request clarification and permission to exercise revised option as a one-time measure.
1.As per Rule 5 of CCS (RP) Rules, 2016 the following provisions are notified by Government on 25-07-2016:
Rule 5 – Government servant may elect to continue to draw pay in the existing pay structure untill the date on which he earns his next increment or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure.
Provided further that in cases where a Government servant has been placed in a higher grade pay or scale between 1st day of January 2016 and the date of notification of these rules (ie. 25-07-2016) on account of promotion or upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation as the case may be.
2.As per the above two provisions, a Government servant may elect to continue to draw pay in the existing pay structure until he earns his next or any subsequent increment in the existing (pre-revised) pay structure which implies that in cases where there is no promotion/upgradation between 01-01-2016 to 30-06-2016 (or between 01-01-2016 to 30-06-2017 in the case of subsequent increment on 01-07-2017) option to opt from the date of next increment (01-07-2016) or subsequent increment (01-07-2017) is available, thereby forgoing the arrears from 01-01-2016 to 30-06-2016 (next increment) or upto the date of subsequent increment say, 01-07-2017.
3.Thus, in the case of promotion/upgradation of a Government Servant becoming due before the date of notification ie, 25-07-2016, he should elect to switch over to the revised pay structure from the date of such promotion/upgradation. He has no option to opt for the next increment (becoming due after the date of promotion/upgradation) for fixation of pay in the revised pay structure.
4.Subsequently a clarificatory order is issued by Department of Expenditure (Implementation Cell) on 29th September 2016, which clarified the position further. As per this clarification, in case an employee is promoted or upgraded to the higher pay structure (in the pre-revised pay structure) he may be permitted to exercise revised option to have his pay fixed under the Revised Pay Rules 2016 from the date of such promotion/upgradation or from the date of next increment as per FR-22(i)(a)(i).
5.Thus an official who got promotion/upgradation on 15-07-2016 (in the month of July 2016), can exercise option to fix his pay under Revised Pay Rules, 2016, either from the date of promotion or from the date of next increment ie; on 01-07-2017.
6.Even after issuing the above clarificatory orders, dated 29-09-2016, it is not clear, whether an employee who becomes eligible for promotion/financial upgradation on a date after the date of issue of notification, ie, 25-07-2016, but before the date of next increment ie. 01-07-2017, can exercise option now, for fixation of his Revised Pay as per CCS (RP) Rules, 2016, from the date of promotion or from the date of next increment, ie; 01-07-2017, by forgoing the arrears from 01-01-2016 to date of promotion or 30-06-2017, thus allowing him to draw his pay in the pre-revised pay structure of 6th CPC till the date of promotion or till the date of next increment on 01-07-2017. As per the existing orders, all those employees whose date of promotion/upgradation becomes due after 25-07-2016 should compulsoily opt for pay fixation from 01-01-2016 or 01-07-2016, whereas an employee whose promotion is due in July 2016 ie; before the date of notification (25-07-2016) can opt for next increment date on 01-07-2017 for fixation in the Revised Pay structure under FR-22(i)(a)(i). Since the benefeit is extended to a section of employees who were promoted between 01-01-2016 and 25-07-2016 and the same benefeit is denied to the rest of the employee who are promoted after 25-07-2016, this is a clear case of discrimination and denial of natural and equitable justice.
7. If the option as above is not allowed, thousands of employees who are due for promotion/financial upgradation from 2800 Grade Pay to 4200 Grade Pay (in the pre-revised pay structure) from a date after the date of notification ie. 25-07-2016, will suffer a recurring loss of Rs.2800 to 3000 per month, throughout their service.
The following illustrations will explain the above facts:
1st OPTION – 7th CPC – OPTION FROM 01-01-2016
6th CPC
7th CPC
Basic as on 01-01-2016
16490
16490×2.57 = 42379. Next stage in the pay matrix level – 5 = 42800
Increment on 01-07-2016
42800×3%=1284, 42800+1284=44084. Next stage in the Pay matrix = 44100.
MACP-II promotion from 2800 GP to 4200 GP on 05-12-2016
(one increment fixation)
44100×3%=1323, 44100+1323=45423.
Next stage in the pay matrix level-6 = 46200.
2ND OPTION (IF ALLOWED) – OPTION FROM DATE OF SUBSEQUENT INCREMENT ie; 01-07-2017.
6th CPC
7th CPC fixation if option allowed from date of promotion or date of next increment on 01-07-2017
Basic as on 01-01-2016
16490
Increment on 01-07-2016
16990
MACP-II promotion from 2800
GP to 4200 GP on 05-12-2016
(One increment fixation + Grade Pay difference)
16990×3% notional increment – 510
Grade pay difference=4200-2800 = 1400
Total Basic = 16990+ 510+1400=18900
18900×2.57-48573. Next stage in the pay matrix in level 6 =49000
(If option allowed from date of promotion).
Increment on 01-07-2017
18900×3% = 567
= 18900+567 = 19467
= 19470
19470×2.57 = 50038
Next stage in the pay matrix level 6 = 50500. (If option allowed from date of next increment).
Thus if no option is permissible after 25-07-2016 to fix the pay in the revised scale on the date of promotion ie. 5-12-2016, then by compulsory option from
01-01-2016, the pay will be fixed at 46200 on promotion. If option is permissible after the date of notification to fix the pay in the revised scale on the date of promotion, the pay will be fixed at 49000. The difference is Rs.2,800/-. If option for fixation on next incremen on 01-07-2017 is granted, then the difference will increase further.
In view of the above, it is requested that the case may be reviewed judiciously and clarificatory orders may be issued, permitting the employees whose promotion date become due after the date of notification (25-07-2016) also, to exercise option for fixation of their revised pay from the date of promotion/upgradation or from the date of next increment ie. 01-07-2017, as a one time measure, thereby forgoing the entire arrears from 01-01-2016 to date of promotion or date of next increment on 01-07-2017. In other words, they may be permitted to draw their pay in the pre-revised 6th CPC pay structure till the date of promotion or till the date of next increment on 01-07-2017.
Awaiting favourable orders,
Yours faithfully,
M.Krishnan,
Secretary General,
&
Standing Committee Member,
JCM National Council (Staff side).
Email: [email protected]
Copy to:
1) The Secretary,
Ministry of Finance, Department of Expenditure,
North Block, New Delhi – 110 001 – for favourable action please.
The meetings of allowances and standing committee of National JCM scheduled on 13th October 2016, has been postponed to 25th October 2016. It was expected that the recommendations of allowance committee will be made in October 2016 , with the postponement of meetings now we can expect in November 2016 the allowances committee will submit its report .
Meanwhile the Finance Ministry has issued orders on advances. The 7th CPC has recommend for abolition of all advances, the staff side JCM demanded retention of all advances , the some of the advances such as medical, computer and travelling allowances are retained, but the important festival advance is been abolished.
The Government has so far not set up the high level committee on minimum wage, fitment formula revision and other main demands of CG employees as assured by Cabinet Ministers in July 2016. Since four months’ time which was sought by the Cabinet Ministers is going to end shortly.
The Central Government has shown urgency in issuing orders on advances, but the same urgency is not shown in case of issue of orders on allowances and revision of minimum wage, fitment formula which will benefit lakhs of Central Government employees.
To put more pressure on the Central Government to accept the main demands of the Central Government employees all are requested to observe the following programs.
1ST PHASE – 20th OCTOBER 2016 – THURSDAY
Demonstration at all centres/all office gates and forwarding of resolutions adopted on charter of demands to Hon’ble Prime Minister of India (2) Hon’ble Home Minister (3) Hon’ble Finance Minister and all Departmental heads.
2ND PHASE – 7th NOVEMBER 2016 – MONDAY
Mass dharna at all state capitals/important centres.
3RD PHASE – 15th DECEMBER 2016 – THURSDAY
Massive Parliament March of not less than 20000 Central Government employees. Reserve your tickets immediately.
4th PHASE – STRIKE JOINTLY WITH ALL LIKE MINDED ORGANISATIONS
Date will be decided in consultation with other organisations.
National Council(Staff Side)
Joint Consultative Machinery For Central Government Employees
13-C, Ferozshah Road, New Delhi
No.NC/JCM/2016
Dated: October 6, 2016
Dear Comrades!
Sub: Brief of the meeting held under the Chairmanship of Secretary (Pension), Government of India on 06.10.2016, to discuss 7th CPC recommendation for revision of pension of pre-2016 pensioners
In the meeting, referred to above, the Official Side expressed doubt to have details of service particulars, i.e. date of promotion and subsequent increment etc., specially pre- 01.01.2006 retirees. As such, it may not be feasible to fix-up pension, taking into account of increment received in the post from which one has retired from service.
As per opinion of the Secretary (Pension), “if recommendation No.1 is accepted, Service Record of certain persons may not be located. This will lead to number oflitigations. However, we have produced certain pension dockets wherein all these things are available (where calculation of Qualifying Service was undertaken) and suchoption should be left with individual pensioner as per ones advantage. The Official Side lastly suggested that, parity in pension, as was granted after the recommendation of V CPC, w.e.f. 01.01.1996, may be adopted for determining the method(notionat) of all pre-01.01.2016 pensioners.
Next meeting in this regard will be held at 10:00 hrs. on 13th October, 2016.
Further, the matter of National Pension System(NPS) will be referred to a separatecommittee. We have impressed upon the Secretary(Pension) that, four months time is running out. As such, decision on revision of pension of pre-01.01.2016 retirees and thematter of the NPS should be decided without any further loss of time.
Meeting on Allowances, which was slated to be held on 13th October, 2016, has been postponed to 25th October, 2016.
Children Education Allowance E-Receipts by Railway employees
Government of India
Ministry of Railways
(Railway Board)
No. E(W)2008/ED-2/4
New Delhi, dated 06.10.2016
The General Managers (P)
All Indian Railways &
Production Units.
Sub: Children Education Allowance – Clarification
Please refer to Railway Board’s letter of even number dated 01.10.2008 followed by subsequent letters regarding revised policy instructions / clarifications on Children Education Allowance admissible to Railway Servants, based on the recommendations of Sixth Central Pay Commission.
2. In terms of DOP&T’s recent OM No.A-27012/01/2015-Estt.(AL) dated 22.08.2016, it is clarified that E-Receipts produced by Railway employees as a proof of payment of fee, etc., may be treated as original and hence may be allowed for claiming reimbursement of Children Education Allowance. This is for guidance of all concerned.
Please acknowledge receipt.
sd/-
(Sunil Kumar)
Director Estt.(Welfare)
Railway Board
7th CPC for revision of pension of pre-2016 pensioners | NFIR
NFIR
Nationd Federation of Indian Railwaymen
No. IV/NC-JCM/COR
Dated: 07/10/2016
MESSAGE
Sub: Meeting of the Committee set up to examine feasibility of implementation of recommendations of 7th CPC for revision of pension of pre-2016 pensioners-reg.
**********
Responding to the invitation extended by the Secretary (Pension) Ministry of Personnel PG & Pension, DoP&PW, the JCM leaders participated in the discussions on the issue of implementation of Option 1, recommended by the 7th CPC which is main recommendation for revising the Pension of Pensioners and to give them satisfaction.
During discussions, the JCM (Staff Side) insisted that the Pay Commissions recommendations as already accepted by the Government should be implemented.
After discussion it was decided to have another meeting on 17th October 2016.
The President NFIR, Shri Guman Singh participated in the meeting held on 06th October 2016.
7th Pay Commission discontinued some interest free advances
No. 12(1)/E.II(A)/2016
Government of India
Ministry of Finance
Department of Expenditure
***
New Delhi, the 7th October, 2016
OFFICE MEMORANDUM
Subject: Grant of advances – Seventh Pay Commission recommendations- Amendment to Rules of Compendium of Rules on Advances to Government Servants.
The undersigned is directed to say that in pursuance of the decision taken by the Government on the Seventh Pay Commission’s recommendations relating to advances, all the interest free advances stand discontinued as per attached annexure, with the exception that the interest free Advances for Medical Treatment, Travelling Allowance for family of deceased, Travelling Allowance on tour or transfer and Leave Travel Concession shall be retained.
2. In addition, the advance for training in Hindi through Correspondence Course, which is not mentioned in the Compendium of Rules on Advances to Government Servants, also stands abolished in pursuance of the decision of Government on 7th CPC recommendation.
3. These orders will take effect from the date of issue of this O.M. The cases where the advances have already been sanctioned need not be reopened.
4. In so far as persons serving in Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.
5. All the Ministries/Departments are requested to bring the amendments to the notice of all its attached and subordinate offices for their information.
Hindi version of this O.M. is enclosed.
(Pankaj Hazirika)
Director, E.II(A)
AMENDMENT TO COMPENDIUM OF RULES ON ADVANCES TO GOVERNMENT SERVANTS, 2005.
