7th CPC notification and struggles – Confederation, Karnataka State
Comrades,
The Central Government Employees are waiting for the implementation of Seventh Pay Commission. As per the reports received, the 7th Pay Commission Pay recommendations may be notified in June after the model code of conduct of states polls which in place is in place till 21st May 2016, which is being considered as cut off point for the notification of pay commission. To be on safer side, Government most likely will release notification regarding the latest pay commission only after 21st May 2016.
Implementation cell of the Empowered Committee of Secretaries is examining the grievances of employees. After giving final touch to report, Empowered Committee will send recommendations to PMO for its nod. Once PMO will through the report, it will be placed before the Cabinet for final approval. The whole process will take another three months.
But the larger question remains in the minds of the Central Government Employees, whether the Empowered Committee of Secretaries will consider the demands raised by the Staff side JCM. The Empowered Committee of Secretaries under the chairmanship of the Cabinet Secretary had one round of discussion with the staff side JCM. The Staff side JCM has clearly informed the Empowered Committee of Secretaries that the Central Government Employees are not satisfied with 7th CPC report and wants major changes before implementation of the 7th CPC report by the Central Government. Especially on the minimum wage, fitment formula, pay matrix and allowances.
The Empowered Committee of Secretaries was also informed that the Central Government Employees are ready for strike action, if the demands of the Central Government Employees are not met by the Empowered Committee of Secretaries and the Central Government.
The Empowered Committee of Secretaries may call the staff side JCM for more discussions, if the talks fail then the Central Government Employees should prepare for the indefinite strike from July 11th for which the staff side JCM has given the call.
Comrades, these three months are very crucial to the Central Government Employees, we should not relax waiting for the talks with the Central Government, instead prepare for the action for achieving a better wage hike.
Comrades during the 5th CPC we had similar situations, we had got better wage hike after struggles, similarly this time also the similar situation has arisen due to the lowest pay hike recommended by the 7th CPC and also reduction of the number of allowances.
Hence Comrades it is high time we educate each and every employee of the Central Government about the 7th CPC wage hike and our demands , this is help us to prepare for struggle and get better wage hike.
Atal Pension Yojana (APY) amended to give an option to the spouse to continue to contribute for balance period on premature death of the subscriber; After the death of both the subscriber and the spouse, the nominee of the subscriber shall be entitled to receive the pension wealth, as accumulated till age of 60 years of the subscriber.
The feedback received from various quarters has indicated that the present provision under Atal Pension Yojana (APY) of handing-over lump sum amount to spouse on premature death of the subscriber is not preferred by many subscribers. It has also highlighted the fact that there is growing demand to give an option to the spouse to continue contribution after the death of subscriber to enable him / her to draw pension when the deceased subscriber would have turned 60 years of age. Therefore, after considering the feedback, the Government has decided to give an option to the spouse of the subscriber to continue contributing to APY account of the subscriber, for the remaining vesting period, till the original subscriber would have attained the age of 60 years instead of present provision of handing-over lump-sum amount to spouse on the premature death (death before 60 years of age) of the subscriber. The spouse of the subscriber shall be entitled to receive the same pension amount as that of the subscriber until the death of the spouse. After the death of both the subscriber and the spouse, the nominee of the subscriber shall be entitled to receive the pension wealth, as accumulated till age of 60 years of the subscriber.
Earlier to address the longevity risks among the workers in unorganised sector and to encourage the workers in unorganised sector to voluntarily save for their retirement, the Government had launched a new initiative called Atal Pension Yojana (APY) with effect from 1st June, 2015. Under APY, each subscriber, on completion of 60 years of age, will get the guaranteed minimum monthly pension, or higher monthly pension, if the investment returns are higher than the assumed returns for minimum guaranteed pension, over the period of contribution. After the subscriber’s death, the spouse of the subscriber shall be entitled to receive the same pension amount as that of the subscriber until the death of the spouse. After the death of both the subscriber and the spouse, the nominee of the subscriber shall be entitled to receive the pension wealth, as accumulated till age of 60 years of the subscriber. In exceptional circumstances, that is, in the event of the death of beneficiary or specified illness, as mentioned in the PFRDA (Exit and withdrawals under the National Pension System) Regulations, 2015, before the age of 60 years, the accumulated pension wealth till date would be given to the nominee or the subscriber as the case may be
Holiday on 14th April, 2016- Birthday of Dr. B.R. Ambedkar
F. No.12/6/2016-JCA-2
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 21st March, 2016.
OFFICE MEMORANDUM
Subject: Declaration of Holiday on 14th April, 2016- Birthday of Dr. B.R. Ambedkar.
It has been decided to declare Thursday, the 14th April 2016, as a Closed Holiday on account of the birthday of Dr. B.R. Ambedkar, for all Central Government Offices including Industrial Establishments throughout India.
2. The above holiday is also being notified in exercise of the powers conferred by Section 25 of the Negotiable Instruments Act, 1881 (26 of 1881).
3. All Ministries/Departments of Government of India may bring the above decision to the notice of all concerned.
(G Srinivasan)
Deputy Secretary to the Govt. of India
The Government of India which accords utmost importance to the welfare of Ex-Servicemen, has kept its promise with regard to the historic decision taken on 05 September 2015 to implement the more than four decades old demand of Ex-Servicemen for One Rank One Pension (OROP), by ensuring that payments have begun to the concerned in record time.
Orders had been issued with regard to this historic decision, through a notification on 07 November 2015 by the Department of Ex-Servicemen Welfare (ESW) of the Ministry of Defence.
Then within just three months of the issue of these orders, the Department of Ex-Servicemen Welfare (ESW) brought out detailed OROP tables on 03 February 2016, which are also available on their website www.desw.gov.in. The 101 tables in these implementation orders contain revised pension of different ranks and categories. In the past implementation of CSC-2012 and 6th CPC had taken a longer time.
More than two-thirds of the Ex-Servicemen have now been paid the OROP arrears. Payments have now reached the accounts of 13.02 lakh pensioners amounting to about Rs. 2,293 crore. This amount has been released through Defence Pension Disbursing Offices (DPDOs), the State Bank of India (SBI) and the Punjab National Bank (PNB).
The details are as follows:-
As on March 17, the DPDOs have released an amount of about Rs. 606 crore to about 3.20 lakh defence personnel.
The SBI has as released upto March 17 an amount of Rs. 1,337 crore to 7.75 lakh pensioners which includes Family Pension cases. The PNB has released as on March 17, an amount of about Rs. 350 crore to about 2.07 lakh pensioners which includes Family Pension cases.
Other Banks who have also been assigned the task of disbursement of revised defence pension to Ex-Servicemen have been directed to complete the process of payment latest by March end.
Foreign training programmes under DFFT for the year 2016-17 has been approved
No. 12037/41/2015-FTC
Department of Personnel & Training
(Training Division)
Old JNU Campus, New Mehrauli Road
New Delhi, dt. 18.03.2016
OFFICE MEMORANDUM
Subject: Foreign training programmes during 2016-17 under the scheme of DFFT.
In continuation to this Department’s OM no. 12037/19/2015-FTC dated 18.12.2015 on the above mentioned subject, the undersigned is directed to say that the policy for foreign training programmes under DFFT for the year 2016-17 has since been approved by the competent authority. The circular in this regard will be issued / notified by this Department shortly.
This is for kind information of all concerned.
(P.K.Pattnaik)
Under Secretary to the Government of India
Court orders against Government of India instructions on service matters
F.No.28027/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division
North Block, New Delhi-110001
Dated: 16th March, 2016
OFFICE MEMORANDUM
Subject: Court orders against Government of India instructions on service matters-consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals.
The undersigned is directed to refer to this Department’s 0.M.No.28027/9/99- Estt.(A) dated 1st May, 2000 on the above subject ( copy enclosed) and to say that the Department of Personnel and Training is the nodal Department that formulates policies on service matters and issues instructions from time to time. These instructions are to be followed by the Ministries/ Departments of the Central Government scrupulously. All the Court cases filed by employees have to be defended on the basis of the facts available with the Administrative Ministry/Department concerned, keeping in view the instructions issued on the subject by this Department.
2. Reference is also invited to the Cabinet Secretariat’s D.0 letter No. 6/1/1/94-Cab dated 25.02.1994 and the Department of Expenditure’s O.M. No. 7(8)/2012-E-II(A) dated 16.05.2012 inter-alia provide that (i) a common counter reply should be filed before a Court of Law on behalf of the Union of India by the concerned administrative Department/ Ministry where the petitioner is serving or has last served; and (ii) a unified stand should be adopted instead of bringing out each Department’s/Ministry’s point of view in the said reply. It further provides that it is primarily the responsibility of the Administrative Ministry to ensure that timely action is taken at each stage a Court case goes through and that a unified stand is adopted on behalf of Government of India at every such stage. In no case should the litigation be allowed to prolong to the extent that it results in contempt proceedings.
3. However, it is noticed that the Ministries/Departments are making several references to this Department seeking interpretation of the guidelines without exercising due diligence. The Ministries/Departments are advised not to make any references to this Department unless there are difficulties relating to interpretation/application of these guidelines or any relaxation in Rules/instructions is warranted to mitigate a genuine hardship faced the Government servant. While seeking advice of this Department, instructions contained in this Department’s O.M. number 43011/9 /2014-Estt (D) dated 28.10.2015 may be followed.
4. The court cases may be further handled in the following manner:-
Sl. No.
Orders of Court
Action to be taken
1
A decision / order has been quashed by Tribunal/Court on the ground that it is violative of the Rules/Government instructions, but Government’s
policy has not come in for adverse comments
The Administrative Department may implement the CAT Order/Judgement if it is in consonance with Government policy and the Government case has been lost due to Administrative infirmities.
2
Where the policy of DoPT has not been quashed, but the judgment/order of the Tribunal/ High Court/ Supreme Court has gone in favour of Respondents/Applicants.
(a) Where in above, the Administrative Ministry is in favour of implementing the judgement
(b)Where in above, a decision to file Writ Petition / Special Leave Petition (as the case may be) has to be taken
The Administrative Ministry may take a decision in consultation with DoPT and DoLA. The Administrative Department may take a decision to file Writ Petition/ Special Leave Petition (as the case may be) in consultation with Department of Legal Affairs (DOLA) and DoP&T
3
Where the judgment has gone in favour of Applicant / Petitioner / Respondent and a scheme / guideline / OM outlining Government policy has been quashed.
The Administrative Department may take a decision to file WP/SLP (as the case may be) in consultation with DoPT and DOLA. The references to this Department should be sent at least one week in advance so that it can be properly examined in DoP&T.
4
CAT or a Higher Court has
upheld Government’s stand
Military Service Pay (MSP) is being paid to the Armed Forces Personnel w.e.f. 1st September, 2008. It is a compensation paid to the Armed Forces personnel as a recognition for the intangible aspects linked to the special conditions of their service. On recommendation of 6th Central Pay Commission, MSP was introduced for the first time in respect of Armed Forces.
The MSP being paid to Armed Forces Personnel is in two slabs:-
(i) For Officers – Rs.6,000 per month
(ii) For JCOs/OR – Rs.2,000 per month.
However, Government has separately provided a number of allowances based on risks and hardships involved at a location / in an operation, such as High Altitude Allowances, Field Area / Modified Area Allowances, Counter Insurgency Allowance etc.
This information was given by Defence Minister Shri Manohar Parrikar in a written reply to Shri Mahendra Singh Mahra in Rajya Sabha today.
Suggestions have been received from time to time for relaxation of upper age-limit for widows. Relaxation of age up to 35 years (up to 40 years for members of Scheduled Castes and Scheduled Tribes) for the widows, divorced and women judicially separated from their husbands who are re-married for employment to Group ‘C’ and erstwhile Group ‘D’ post has been provided vide Department of Personnel & Training’s Office Memorandum No. 15012/13/79-Estt (D) dated 19.01.1980. Similar relaxation is provided for Group ‘A’ and Group ‘B’ posts except where recruitment is made through open competitive Examination vide Department of Personnel & Training’s Office Memorandum No. 15012/1/87-Estt.(D) dated 05.10.1990.
This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in written reply to a question by Shri B.Vinod Kumar and Shri Ashwini Kumar in the Lok Sabha today.
Grant of HRA at a higher rate (‘B’ category) to the Central Government Servants posted at Aizawl (Mizoram)
F.NO. 4-23/2000-PAP
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATION & IT
DEPARTMENT OF POSTS
(ESTABLISHMENT DIVISION)/P.A.P. SECTION
DAK BHAWAN, SANSAD MARG, NEW DELHI – 110 001
*****
DATED, THE 01ST MARCH, 2016
To
The Chief Post Master General,
N.E. Postal Circle,
Shillong – 793001
ORDER
Subject: Grant of HRA at a higher rate (‘B’ category) to the Central Government Servants posted at Aizawl (Mizoram) – Court Case regarding.
Central Government Employees Federation of Mizoram, General Head Quarters, Aizawl, Mizoram made a representation to the Hon’ble Prime Minister of India claiming House Rent Allowance at ‘B’ Class City rates and Compensation in lieu of Rent Free Accommodation at the rate of 10% to the Central Government Employees posted in Mizoram State based on the judgement passed by Supreme Court of India in Civil Appeal No. 2715/91 – Union of India & Ors V/s Shri S.K. Ghosh & Others and Department of Posts Order No. 8-40/87-PAP dated 7.3.1994 & No. 4-52/98-PAP dated 27.02.1999. On rejection of their claim, the Central Government Employees posted in the State of Mizoram approached the Central Administrative Tribunal, Guwahati under O.A. No. 381/2000. The Hon’ble CAT, in para – 5 of its order dated 12.04.2002 pronounced as under:-
“In view of the position enumerated above, I am of the view that the applicants are entitled to House Rent Allowance at the rate prescribed for B class cities to the Central Government employees which should be payable to the applicants at the rate of 15% from 1.1.1986 to 30.9.1986 and from 1.10.86 to 30.9.86 and from 1.10.1986 at flat rate prescribed under O.M dated 7.8.1987 read with another O.M. dated 13.11.1987 and the Notification GSR No. 623 (E) amending the Fundamental Rule 45 A with effect from 1.7.1987.
As regards the claim for compensation in lieu of Rent Free Accommodation the respondents are to act in conformity with the Office Memorandum No, 12-11/60-ACC-I dated 2.8.1960, O.M. dated 23.2.1986 and 22.5.1987 and also to O.M. dated 13.11.1987. The respondents shall examine the each case on merits and thereafter shall pass necessary order in individual cases. Rent free unfurnished accommodation is admissible to Central Government employees having all India transfer liability only those who are posted in Mizoram or HRA at the rate prescribed from time to time. Compensation and admissible HRA shall be granted to those persons who are entitled to rent free accommodation and could not be provided accommodation and the above benefit shall be granted only to the Central Government employees having all India Transfer liability and posted in Mizoram vide letter No. 11015/1/E/(B)/76 dated 31.7.1977. The respondents shall examine the individual cases and thereafter pass necessary orders in those cases, others will not be eligible for the same. The application is allowed in part, No costs.”
2. The Department filed WP No. 2955/2003 in the Hon’ble High Court of Guwahati against the orders of the CAT dated 12.04.2002. The Hon’ble High Court in its judgment dated 25.4.2003, “disposed of the appeal with the observations that the directions given by the Learned Tribunal in the last part of the Judgment quoted above shall be complied with by the Central Government after taking due consideration of the observations recorded within a period of 6 months. The High Court observed that the case of each and every Central Government employee posted in the State of Mizoram will have to be taken separately and appropriate orders shall be passed thereon after such consideration in terms of OM dated 23.09.86, 19.03.87 and 13.11.87. The Hon’ble High Court, however, observed that the employees posted in Aizawl Headquarters of the State of Mizoram being a ‘C’ Class city may not be entitled to HRA as prescribed for ‘B’ Class cities”.
3. Aggrieved by the order of the Hon’ble High Court of Guwahati, the Central Government Employees field a Civil Appeal No. 646/2005 in the Supreme Court of India. The Supreme Court stayed the operation of the Judgment order dated 25-04-2003 of the High Court of Guwahati in WP No. 2955/2003. The Hon’ble Supreme Court of India has dismissed the civil appeal and passed the orders dated 17.07.2013 as under:-
” We have thoughtfully considered the submissions of the learned counsel. In our view, the direction given by the Tribunal, which has been confirmed by the High Court, merely ordains consideration of the cases of each employee for grant of City Compensatory Allowance in accordance with O.M. dated 02.08.1960, O.M. dated 23.02.1986 and 22.5.1987 as also O.M. dated 13.11.1987 and nothing more. Therefore, the impugned order as also the one passed by the Tribunal do not call for interference by this Court under Article 136 of the Constitution.
With the above observation, the appeal is dismissed.
However, it is made clear that if the Government of India has issued fresh instructions after 13.11.1987 then the cases of the respondents shall be considered in accordance with the latest instructions.”
4. Consequent upon obtaining the coucurrence of Integrated Finance Wing of this Department, the, matter was referred to Ministry of Finance, Department of Expenditure for decision.
5. Ministry of Finance, Department of Expenditure has considered the matter and accorded their approval in view of the decision taken by the Department of Posts to not to file any Review Petition in the matter and as the Ministry of Law & Justice has advised Department of Posts to take administrative decision for implementation of the said order of Hon’ble Tribunal, implementation of the Order dated 12.04.2002 passed by the Hon’ble CAT, Guwahati Bench in O.A. No. 381/2000 for grant of House Rent Allowance at ‘B’/’Y’ Class cities rates, as admissible from time to time, is agreed to.
6. Since, the Department of Posts had represented the Union of India on behalf of all the respondents Ministries/Departments/Offices, the approval accorded by the Department of Expenditure, Ministry of Finance is therefore conveyed to all the Respondent Ministries/Departments/Offices for issuing appropriate instructions for compliance of orders dated 12.04.2002 of Hon’ble CAT, Guwahati Bench in respect of the employees working under their administrative control who were/are Applicants in the said OA No. 381/2000.
7. This has the approval of the Competent Authority.
(K.V. Vijayakumar)
Assistant Director General (Estt.)
F.No.7/6/2016-CS.I(A)
Government of India
Ministry of Personnel, Public Grievances and Pension
(Department of Personnel & Training)
****
2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
Dated the 16th March, 2016.
ORDER
In exercise of powers conferred under Rule 19 of Central Secretariat Service Rules, 2009, the competent authority in this Department hereby orders the inter-cadre transfer of Shri Ashish Sharma, Assistant Section Officer (DR-2011), presently posted in the Ministry of Health and Family Welfare to the Implementation Cell, 7th CPC upto 31.12.2016 or till further order.
2. Ministry of Health and Family Welfare is requested to relieve the concerned officer immediately.
(V. Srinivasaragavan)
Under Secretary to the Government of India
