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Meeting of JCM National Council, with the Secretary Pension held on 10.3.2016

Meeting of JCM National Council, with the Secretary Pension was held on 10.3.2016

The periodical meeting of JCM National Council, with the Secretary Pension was held on 10.3.2016 at the the Conference hall of the Department of Personnel and Administrative Reforms, Sardar Patel Bhawan, New Delhi today i.e. 10.3.2016

After the initial comments from the Secretary Pension and the Secretary Staff Side, the items which had been subjected to discussion in the earlier meeting and the action taken statement thereon were taken up. The following were the issues that came up for discussion in the Action Taken Statement.

1. Abnormal delay in the issue of revised PPO to pre 2006 retirees pensioners/family pensioners. (as per the minutes of the JCM held on 26.02.20125).The following information was given at the meeting:

Ministry/Deptt. Total Cases Revised authority issued  PPOs yet to be revised
Civil Ministries 431172 425599 5573
Railways 984260 984260 Nil
Posts 159675 159675 Nil
Telecom 53126 52284 272

2.Cashless treatment to CGHS beneficiaries by empanelled private hospitals. The health Ministry officials stated that since the budgetary provisions are made separately for each Ministry it was not possible to ensure cashless treatment to serving employees. The concerned Department or Ministry has to enter into agreement with the hospitals.

3.Finalisation of Family pension cases within a specified period.
It was stated by the official side that the instructions have already been issued. Regarding the complaint from the M.P. Circle of the Postal Department, the matter has been taken up with the concerned authorities on 6.2.2015. The representative of the Postal Department said that the complaint has been attended to and the matter has been settled.

Agenda Items for the meeting:

1. Grant of Gratuity on retirement/death of a Central Govt. NPS subscriber. The representatives of the Pension department said that the Department of Expenditure has given their concurrence for the grant of Gratuity for the NPS subscribers on 8.1.2016. The requisite amendment to the rules, they added were being processed and the consultation with the Law Ministry and the Labour Ministry have already been made. They said that they would expedite the issuance of orders in the matter.

2. Extension of the benefits of full pension to pre-2006 pensioners who had completed more than 20 years of service but less than 33 years. The Staff side said that despite series of judgements in favour of the pensioners, the Government has not yet issued the orders. Recently the Nagpur Tribunal has issued a contempt notice to the Government. They also alleged that the pensioners are being dragged to litigation. The Representatives of the Pension Department informed that the Department of Expenditure had not agreed to extend the benefit generally to all which has resulted in filing appeal. The representative of the Department of Expenditure stated that in the light of the view of the Department of legal affairs, the matter would be re-examined.

3. Delay in the finalisation of Family pension cases by the PCDA (Pension) Allahabad. In response to the complaint the representative of the Defence Ministry informed that only in a few cases, the finalisation has been delayed due to the documentation difficulties. They assured to sort out the matter.

4. Grant of modifed parity to all those who retired prior to 1.1.2006 with reference to the upgraded post. The Staff Side stated that the Department of Pension has taken a very narrow view of the matter and the cases are dragged to the courts of law. The very spirit of the recommendation of the 5th CPC to bring about atleast modified parity if not full parity has not been appreciated by the Govt. The issue was discussed at length. The official side pointed out the decisions of the Court in favour of the position taken by the Government in the case of K.S. Krishnaswany in CANO. 3174/3006, which has been upheld by the Honourable Gujarat High Court. In reply the Staff Side pointed out that the said decisions quoted by the official side had come about due to the phrase employed while issuing the original order viz. corresponding replacement scale. After some discussions, the Chairman agreed to look into the matter afresh and revisit the order of the Department of Pension in the matter.

5.The meeting also discussed the difficulties of Pensioners during the hearing of Pension Adalats. The Staff Side pointed out the need to engage some knowledgeable person to assistant the complainants. The official side said that there had been no prohibition in the matter. The Petitioners are entitled to seek the assistance of another pensioner in presenting his case. If specific complaint of denial of this facility is brought to their notice, the Pension Department will issue the necessary instruction in the matter.

The meeting ended with a vote of thanks to the Chair

Source : http://www.confederationhq.blogspot.in/

7th Pay Commission – Minutes of the 2nd meeting of Empowered Committee held with NCJCM Staff Side

7th Pay Commission – Minutes of the 2nd meeting of Empowered Committee held with NCJCM Staff Side
Minutes of the 2nd meeting of Empowered Committee of Secretaries (E-CoS)

Venue: Committee Room, Cabinet Secretariat, Rashtrapati Bhawan
Date of Meeting: Thursday, the 1 st March, 2016
Time of Meeting: 6:45 PM

Members of E-CoS present
1 Cabinet Secretary
2. Chairman, Railway Board
3. Home Secretary
4 Defence Secretary
5 Secretary, D/o Science & Technology
6. Secretary, D/o Personnel & Training
7. M/o Health & Family-Welfare
8. Secretary, D/o Pension and Pensioner’s Welfare
9. Secretary (Security), Cabinet Secretariat
10. Secretary, D/o Posts
11 . Deputy Comptroller and Auditor General
Secretariat for E-CoS:
1. Jöint Secretary, Implementation Cell, D/o Expenditure
2. Director, Implementation Cell, D/o Expenditure

Representatives of JCM (Staff-side):

1 . Shri Shiv Gopal Mishra
2. Shri M. Raghavaiah
3. Shri Rakhal Das Gupta
4. Shri Ch. Sankara Rao
5. Shri J.R. Bhosle
6. Shri Guman Singh
7. Shri R.P. Bhatnagar
8. Shri K.S. Murty
9. Shri K.K.N. Kutty
10. Shri C. Srikumar
11 . Shri R. Srinivasan
12. Shri M. Krishnan
13. Shri M.S. Raja

Subject: Implementation of the recommendations of the 7th Central Pay Commission — 2nd meeting of the E-CoS

A meeting of the Empowered Committee of Secretaries (E-CoS) was held on 1 st March, 2016 in the Cabinet Secretariat under the chairmanship of the Cabinet Secretary to discuss issues raised by Staff„side of JCM

2. Welcoming the members of E-CoS and JCM Staff side, Cabinet Secretary observed that the meeting had been called to take a note of concerns of Stäff-$ide of JCM regarding recommendations of the 7th CPC and invited the members Of Staff-side of JCM to share their views on the recommendations.

3. Opening the discussion, representative of Staff-side of JCM expressed gratitude to Cabinet Secretary for inviting them for interaction regarding the recommendations of the 7th CPC and requested that more frequent interactions of JCM may be held to resolve outstanding issues across the table. It was expressed that 7th CPC has recommended a meager increase of 14% in the minimum pay as against increase ranging up to 54% during previous Pay Commissions. It was further stated that the recommendations on minimum pay, allowances, advances etc. will cause difficulty to employees. Representative of Staff-side informed that they have already submitted a charter of demands to the Cabinet Secretary bringing out the issues. These have also been discussed in the meeting of JS (IC) with Staff-side of JCM held on 19.02.2016.

4. Major concerns expressed by JCM Staff-side were as under:

The minimum pay of Rs. 18000/- p.m. recommended by the Commission is on lower side and needs to be revised upward by taking into account the prices of commodities as on 01.07.2015 and appropriately factoring in for social obligations & housing.

(ii) New Pension Scheme should be done away with. Persons governed by the NPS are deprived of Family Pension and do not have provision of provident fund. As a result they are at a disadvantageous position as compared to the persons governed by the old system.

(iii) Recommendations on allowances need to be properly examined before taking a decision.

(iv) Fixed Medical Allowance should be increased from existing Rs. 500 p.m. to Rs. 2000 p.m. as majority of cities are not covered under CGI-IS and people residing outside the CGHS covered area are unable to meet their medical needs with meager amount of Rs. 500 p.m.

(v) Recommendation regarding withdrawal of non-interest bearing advances may not be accepted.

(vi) Outsourcing of services should be discouraged as the contract workers are being exploited by contractors and at the game time the service delivery is being compromised due to inefficiency and lack of accountability of low aid contractual staff.

(vii) Enhancement in contribution towards Group Insurance Scheme, is not justified as this would reduce the actual increase in take home salary considerably. If the rates are to be raised, the Government should bear the insurance premium

(viii) The recommendation regarding grant of only 80% of salary for the second year of Child Care Leave need not be accepted as this would deter women from availing of CCL, which was introduced as a welfare measure.

(ix) Annual increments be granted @ 5% instead of existing 3% and increments may be granted on two dates viz., 1 st of January and 1 st of July of every year as in the present system of grant of increment on 1 st July of every year, employees joining/promoted after 1 st January, who do not complete 6 months services as on 1 st July, have to wait for up to 18 months for grant of increment.

(x) The Commission’s recommendation of downgrading the Assistants of Central Secretariat for bringing in parity with their counterparts in the field offices is not appropriate.

(xi) Recommendation regarding PRIS need not be accepted as no scientific mechanism has been devised to assess the performance of employees and the same could ecourage favoritism.

5. Issues regarding financial upgradation under MACPS in promotional hierarchy without grading stipulation. grant of two increments on promotion introduction of Productivity Linked Bonus, treating Grameen Dak Sevak as Government employees, removal of pap of 5% on compassionate appointment 8i full pay and allowances In case of Work Related Illness and Injury Leave improving promotional avenues for technical and supervisory staff etc. were also raised by members of JCM.

6. During the discussion, representatives of JCM also suggested that the Nodal Officers nominated by various Ministries/Departments may hold interactions with recognized Staff Associations and other stakeholders under their purview so as to identify issues specific to those Ministries/Departments for redressal.

7. After hearing the participants, Cabinet Secretary observed that the deliberations have helped E-CoS in understanding the major concerns of the Staff-side and said that all issues have been taken note of. He assured that fair consideration will be given to all points brought out by JCM before taking a final view. He further stated that the E-CoS needs to examine the Report of the Commission in entirety as well as the issues raised by JCM in consultation with all other stakeholders. As such, it may take some time to take a final call on the recommendations of the Commission.

8. Cabinet Secretary also advised the members of E-CoS to hold interactions with their Staff Associations and other stakeholders under their purview preferably within a week.

9. Meeting ended with vote of thanks to the chair.

Source : http://www.confederationhq.blogspot.in/

Dearness Allowance hiked by 6% for Central Government Employees

Dearness Allowance hiked by 6% for Central Government Employees

The Union Cabinet on Wednesday gave a Holi gift to central government employees with a 6% hike in the dearness allowance.

With this move, the DA will go up to 125% from existing 119%, benefitting over 10 million employees and pensioners.

The new rate of DA is expected to be implemented from January 1, 2016, which will be applicable for 4.8 million central government employees and 5.5 million pensioners. DA is paid as a proportion of basic pay of employees.

The proposal to hike DA is moved by the Finance Ministry on the basis of accepted formula for calculation. The Union Cabinet approves the DA hike for its employees.

Earlier in September 2015, DA was increased to 119 per cent from 113 per cent which was effective from July 1, 2015.
In April 2015, the government had hiked DA by 6 percentage points to 113 per cent of their basic pay with effect from January 1, 2015.

Source : IBNLIVE

7th CPC notification and struggles – Confederation

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.

Comradely yours

(P.S.Prasad)
General Secretary

Source : http://karnatakacoc.blogspot.in/

Atal Pension Yojana amended to give an option to the spouse to continue to contribute for balance period

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

PIB

Holiday on 14th April, 2016- Birthday of Dr. B.R. Ambedkar

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

List of Holidays 2016 – Click here

OROP Arrears Payment in Record Time

OROP Arrears Payment in Record Time

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.

-PIB

Foreign training programmes under DFFT for the year 2016-17 has been approved

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

Original Copy

Court orders against Government of India instructions on service matters

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
DoPT may only be informed with all details.

 

Original DOPT Order

Discrimination in Structure of Giving MSP

Discrimination in Structure of Giving MSP

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.

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