The Government has allocated Rs. 500 crores to the Defence Pension Account in the current financial year itself for implementation of One Rank One Pension scheme for the Defence Forces of the country. Making the announcement in Parliament today during his Interim Budget Speech, the Finance Minister Shri P. Chidamram said that this decision will be implemented prospectively from the financial year 2014-15. The Finance Minister said the Government had decided to walk the last mile and close the gap for all retirees in all ranks. He said the demand of the Defence Services for One Rank One Pension (OROP) had been there for a long time and had been an emotive issue.
No.36035/3/2013-Estt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Dated the 14th February, 2014.
North Block, New Delhi.
OFFICE MEMORANDUM
Subject: Guidelines for providing certain facilities in respect of persons with disabilities who are already employed in Government for efficient performance of their duties.
The undersigned is directed to enclose a copy of draft guidelines for providing certain facilities in respect of persons with disabilities who are already employed in Government for efficient performance of their duties. It is requested that the draft guidelines may be examined and suggestions, if any, may be sent to this Department before 21 st February, 2014 as the guidelines will be issued very
shortly.
Enclo.: As above.
(G. Srinivasan)
Deputy Secretary to the Government of India
Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36035_3_2013-Estt.Res.-14022014.pdf
No. 18016/3/2011-Estt.(L)
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)
***
New Delhi, the 17th February, 2014.
OFFICE MEMORANDUM
Subject:- Special concessions/facilities to Central Government Employees working in Kashmir Valley in attached/subordinate offices or PSUs falling under the control of Central Government.
***
The undersigned is directed to refer to this Department’s O.M. No. 18016/3/2011- Estt.(L) dated 27th June, 2012 on the subject mentioned above and to state that it has been decided to extend the package of concessions/incentives to Central Government employees working in Kashmir Valley for a further period of one year w.e.f. 01.01.2013. The revised package of incentives is as per annexure.
2. The package of incentives is uniformly applicable to all Ministries/ Departments and PSUs under the Government of India and they should ensure strict adherence to the rates prescribed in the package. The concerned Ministry/Department may ensure implementation and monitoring of the package in conformity with the approved package, and therefore, all Court cases in which verdicts are given contrary to the package would have to be contested by the Ministries/Departments concerned.
Hindi version will follow
End: As above.
(Mukul Ratra)
Director
ANNEXURE to DOPT’ s O.M. No.18016/3/2011-Estt.(L) dt. 17th February, 2014
DETAILS OF PACKAGE OF CONCESSIONS/FACILITIES TO CENTRAL GOVERNMENT EMPLOYEES WORKING IN KASHMIR VALLEY IN ATTACHED/SUBORDINATE OFFICES OR PSUs FALLING UNDER THE CONTROL OF CENTRAL GOVERNMENT.
[Kashmir Valley comprises of ten districts namely, Anantnag, Baramulla, Budgam, Kupwara, Pulwama, Srinagar, Kulgam, Shopian, Ganderbal and Bandipora]
I. ADDITIONAL H.R A. AND OTHER CONCESSIONS :
(A) Employees posted to Kashmir Valley:
(i) These employees have an option to move their families to a selected place of their choice in India at Government expense. T.A. for the families allowed as admissible in permanent transfer inclusive of transportation of personal effects, lump-sum payment for packing etc.
(ii) Departmental arrangements for stay, security and transportation to the place of work for employees.
(iii) HRA as for Class ‘Y’ city applicable for employees exercising option at (i). Such employees will be eligible for drawing the normal HRA as well at their place of posting provided Departmental arrangement is not made for his/her stay.
(iv) The period of temporary duty extended to six months. For period of temporary duty daily allowance at full rate is admissible, apart from departmental arrangements for stay, security and transportation.
(B) Employees posted to Kashmir Valley who do not wish to move their families to a selected place of residence :
A per diem allowance of Rs.10/- is paid for each day of attendance to compensate for any additional expense in transportation to and from office etc. This will be in addition to the transport allowance, which the employee is otherwise eligible for under Ministry of Finance order No. 21(2)/2008-E.II(B) dated 29.08.2008.
II. MESSING FACILITIES :
Messing Allowance to be paid to the employees at a uniform rate of Rs.15/- per day by all Departments, or in lieu messing arrangements to be made by the Departments themselves. This rate of allowance will have to be adhered to uniformly by all the Ministries/Departments with effect from 01.07.1999. The slightly higher rate of Rs.25.50/- adopted by the Department of Telecom and Posts and allowed to be continued as a special case by the Department of Personnel in consultation with the Ministry of Finance, would, however, continue to be paid at the said rate.
III. PAYMENT OF MONTHLY PENSION TO PENSIONERS OF KASHMIR VALLEY:
Pensioners of Kashmir Valley who are unable to draw their monthly pensions through either Public Sector Banks or PAO treasuries from which they were receiving their pensions, would be given pensions outside the Valley where they have settled, in relaxation of relevant provisions.
NOTE :- 1. The package of concession/facilities shall be admissible in Kashmir Valley comprising of ten districts namely, Anantnag, Baramulla, Budgam, Kupwara, Pulwama, Srinagar, Kulgam, Shopian, Ganderbal and Bandipora.
2. The package of concessions/facilities shall be admissible to Temporary Status Casual laborers working in Kashmir Valley in terms of Para 5(i) of the Causal Laborers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993.
3. The benefit of additional HRA admissible under the Kashmir Valley package shall be admissible to all Central Government employees posted to Kashmir Valley irrespective of whether they are natives of Kashmir Valley, if they choose to move their families anywhere in India subject to the conditions governing the grant of these allowances.
4. The facilities of Messing Allowance and Per Diem Allowance shall also be allowed to natives of Kashmir Valley in terms of the Kashmir Valley package.
Confederation of Central Government Employees & Workers joining for two days strike on 12th and 13th February, 2014 , more than 13 Lakhs Central Government Employees joining this strike for various demands.
Demands :
Merger of DA
Interim Relief
Civil Servant status for Gramin Dak Sevaks
Inclusion of GDS in Seventh CPC
Regularisation and Revision of Wages of Casual Labourers.
No. 33011/1(S)/2014-Estt-B-(I)
Government of India
Ministry of Personnel, Public & Grievances and Pensions
Department of Personnel & Training
****
Dated the 10th February, 2014.
OFFICE MEMORANDUM
Subject : Notice for strike by the Confederation of Central Government Employees and Workers on 12th and 13th February, 2014.
The undersigned is directed to intimate that the Confederation of Central Government Employees and Workers have given notice that the members of the affiliates of these Confederation will go on strike on 12th and 13th February, 2014 in pursuance of their Charter of Demands.
2. The instructions issued by the Department of Personnel & Training prohibit the Government servants from participating in any form of strike including mass casual leave, go-slow etc, or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17 (1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. In this connection, your kind attention is also drawn to this Department’s OM No. 33012/1(s)/2008-Estt (B) (pt) dated 12th September, 2008 (copy enclosed).
3. A Joint Consultative Machinery for Central Government employees is already functioning. This scheme has been introduced with the object of promoting harmonious relations and of securing the greatest measure of co operation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern, and with the object, further of increasing the efficiency of the public service. The JCM at the different levels have been discussing issues brought before it for consideration and either reaching amicable settlement or referring the matter to the Board of Arbitration in relation to pay and allowances, weekly hours of work and leave, whenever no amicable settlement could be reached in relation to these items.
4. The Central Government Employees under your Ministry/Departments may, therefore, be suitably informed of the aforesaid instructions under the Conduct Rules issued by this Department and other regulations upheld by the Hon’ble Supreme Court and dissuaded from resorting to strike in any form. You may also issue instructions not to sanction Casual Leave or other kind of leave to employees if applied for, during the period of the proposed strike and ensure that the willing employees are allowed hindrance free entry into the office premises. For this purpose, Joint secretary (Admn) may been trusted with the task of coordinating with security personnel. Suitable contingency plan may also be worked out to carry out the various functions of the Ministry/Department.
5. In case the employees go on strike, a report indicating the number of employees who took part in the proposed strike may be conveyed to this Department on the evening of the day.
(Sanjiv Shankar)
Director (E-II)
Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/33011_1s_2014-Estt.B-I-10022014.pdf
Under the Employees’ State Insurance Scheme (ESIS) administered by Employees’ State Insurance Corporation (ESIC) and respective State Governments, there are 151 hospitals in different parts of the country of which 116 hospitals are run by State Governments and 35 run directly by the ESIC. ESIC provides for and bears full expenditure for annual Repair and Maintenance, Special Repairs and Capital Works. Provision has been made for constitution of Hospital Development Committee in each Hospital with requisite administrative and financial powers for taking up development works/Repair and Maintenance works for improvement of various facilities in the hospitals. ESIC is ensuring that these hospitals have required basic infrastructure to render satisfactory services to ESI beneficiaries. In ESI Hospital, Mangalore, the basic infrastructure i.e., the building and other facilities are mostly available. There is no hospital in Koppal, Karnataka.
Improvement in services is an on-going process. Representations regarding functioning of ESIC, as and when received, are sent to ESI Corporation to enable suitable corrective measures.
ESIC has inter-alia taken following steps to improve the condition of the ESI hospitals in the country:
(i) Ceiling on reimbursement of expenditure on medical care to the State Government has been increased from Rs. 1200/- to Rs. 1500/- per Insured Persons (IPs) per year with effect from 1.4.2012. In addition, it has also been decided to reimburse uptoRs. 200/- per IP per annum to the State Governments for the year in which the bed occupancy in all the State ESI Hospitals is more than 70% during the completed financial year. This additional amount is borne fully by the ESI Corporation.
(ii) Hospital Development Committees have been constituted in ESI Hospitals and given adequate administrative and financial powers for taking decisions for improvement in medical care facilities.
(iii) Modernisation and Up-gradation of hospitals by providing modern equipment for diagnostic and clinical services.
(iv) ESIC has formulated norms and standards for staff and equipment for smooth functioning of the hospitals and dispensaries.
(v) Super Specialty treatment is being provided through tie up hospitals and expenditure thereon is borne completely by the ESIC.
(vi) ESIC has decided to appoint part time specialists in State run hospitals on contract basis till the State Governments makes regular appointment.
This information was given by Minister of State for Labour & Employment Shri Kodikunnil Suresh in the Lok Sabha today in reply to a written question.
There is no mechanism to ascertain the number of ex-servicemen who retired before independence are still alive and not getting pensions. However, ex-servicemen with service of 15 years or more as Personnel Below Officer Rank (PBOR) and 20 years or more as Commissioned Officers are entitled to service pension. There is no proposal to reduce the minimum qualifying service for grant of pension.
Minimum qualifying service is an essential criterion for earning pension in the Armed Forces as per the existing Army, Navy and Air Force Pension Regulations.
This information was given by Minister of State for Defence Shri Jitendra Singh in a written reply to Shri Ram Singh Kaswan in Lok Sabha today.
F.No.18/26/2011-Estt (Pay-I)
Government of India
Ministry of Personnel, PG and Pension
Department of Personnel and Training
North Block, New Delhi,
Dated the 6th February, 2014
OFFICE MEMORANDUM
Subject: Recovery of wrongful/excess payments made to Government servants.
The undersigned is directed to say that the issue of recovery of wrongful/excess payments made to Government servants has been examined in consultation with the Department of Expenditure and the Department of Legal Affairs in the light of the recent judgement of the Hon’ble Supreme Court in Chandi Prasad Uniyal And On vs State Of Uttarakhand And Ors, 2012 AIR SCW 4742, (2012) 8 ‘SCC 417, decided on 17th August, 2012. The Hon’ble Court has observed as under:
15. We are not convinced that this Court in various judgments referred to hereinbefore has laid down any proposition of law that only if the State or its officials establish that there was misrepresentation or fraud on the part of the recipients of the excess pay, then only the amount paid could be recovered. On the other hand, most of the cases referred to hereinbefore turned on the peculiar facts and circumstances of those cases either because the recipients had retired or on the verge of retirement or were occupying lower posts in the administrative hierarchy.
16. We are concerned with the excess payment of public money which is often described as “tax payers money” which belongs neither to the officers who have effected over-payment nor that of the recipients. We fail to see why the concept of fraud or misrepresentation is being brought in such situations. Question to be asked is whether excess money has been paid or not may be due to a bona fide mistake. Possibly, effecting excess payment of public money by Government officers may be due to various reasons like negligence, carelessness, collusion, favouritism etc. because money in such situation does not belong to the payer or the payee. Situations may also arise where both the payer and the payee are at fault, then the mistake is mutual. Payments are being effected in many situations without any authority of law and payments have been receiyed by the recipients also without any authority of law. Any amount paid/received without authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment.
2. Hon’ble Supreme Court also distinguished the cases like Shyam Babu Verma v UOI, 1994 SCR (1) 700, 1994 SCC (2) 52, Syed Abdul Qadir and Ors. v. State of Bihar and Ors,(2009) 3 SCC 475, Sahib Ram v. State of Haryana,1995 Supp (1) SCC 18 etc., where it had not allowed recovery of excess payment in view of the peculiar facts and circumstances of those cases so as to avoid extreme hardship to the concerned employees, for example, where the employees concerned were mostly junior employees, or they had retired or were on verge of retirement, the employees were not at fault, and recovery which was ordered after a gap of many years would have caused extreme hardship.
3. In view of the law declared by Courts and recently reiterated by the Hon’ble Supreme Court in the above cited case, Chandi Prasad Uniyal And Ors vs State Of Uttarakhand And Ors, 2012 AIR SCW 4742, (2012) 8 SCC 417, the Ministries/Departments are advised to deal with the issue of wrongful/excess payments as follows:
i. In all cases where the excess payments on account of wrong pay fixation, grant of scale without due approvals, promotions without following the procedure, or in excess of entitlements etc come to notice, immediate corrective action must be taken.
ii. In a case like this where the authorities decide to rectify an incorrect order, a show-cause notice may be issued to the concerned employee informing him of the decision to rectify the order which has resulted in the overpayment, and intention to recover such excess payments. Reasons for the decision should be clearly conveyed to enable the employee to represent against the same. Speaking orders may thereafter be passed after consideration of the representations, if any, made by the employee.
iii. Whenever any excess payment has been made on account of fraud, misrepresentation, collusion, favouritism, negligence or, carelessness, etc., roles of those responsible for over payments in such cases, and the employees who benefitted from such actions should be identified, and departmental/criminal action should be considered in appropriate cases.
iv. Recovery should be made in all cases of overpayment barring few exceptions of extreme hardships. No waiver of recovery may be allowed without the approval of Department of Expenditure.
v. While ordering recovery, all the circumstances of the case should be taken into account. In appropriate cases, the concerned employee may be allowed to refund the money in suitable installments with the approval of Secretary in the Ministry, in consultation with the FA.
vi. Wherever the relevant rules provide for payment of interest on amounts retained by the employee beyond the stipulated period etc as in the case of TA, interest would continue to be recovered from the employee as heretofore.
(Mukesh Chaturvedi)
Deputy Secretary to the Government of India
Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/18_26_2011-Estt.Pay-I-06022014.pdf
No.6/3/2013-Estt (Pay-I)
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
….
North Block, New Delhi
Dated the 6th February, 2014
OFFICE MEMORANDUM
Subject: Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965.
The undersigned is directed to say that the following penalties prescribed in the Rule 11 of CCS (CCA) Rules, 1965, have a bearing on the pay of the officer:
11. Penalties
Minor Penalties –
(iii a) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.
(iv) withholding of increments of pay;
Major Penalties –
(v) save as provided for in clause (iii) (a), reduction to a lower stage in the time- scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction Will or will not have the effect of postponing the future increments of his pay
(vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period –
(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and
(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;
2. Consequent upon implementation of the recommendations of 6 th CPC under the CCS (RP) Rules, 2008 pay scale of a post/grade for below HAG level means the Pay Band and Grade Pay specified for that post. Under the CCS (RP) Rules, 2008 a Pay Band may cover Government servants in more than one Grade Pay or posts in the hierarchy. As per Rule 9 of the CCS (Revised Pay) Rules, 2008, the rate of increment in the revised pay structure is 3% of the sum of the pay in the Pay Band arid Grade Pay applicable, which is to be rounded off to the next multiple of 10. Further, as per Rule 10 of the CCS (Revised Pay) Rules, 2008, there is now a uniform date of increment, that is, lst July of the year.
3. The mode of implementation of these penalties has been clarified to individual Ministries/Departments wherever references have been received. It is now proposed to issue detailed guidelines on the issue. The regulation of pay on imposition of these penalties is in the subsequent pants:
A. Reduction to a lower stage of pay by one stage (Rule 11( iii a)
On imposition of a penalty under this Rule, the pay would be fixed at the next lower stage in the Pay Band. In other words, in case of reduction by one stage, the revised pay would be the pay drawn in the Pay Band at the stage before the last increment. Grade Pay attached to the post would remain unchanged. The pay will be fixed by reversing the mode of allowing increments given in Rule 9 of the CCS (RP) Rules, 2008. The formula would be:-
Reduced Pay In Pay Band = {(Pay in Pay Band+ Grade Pay) x 100/103} less (Grade Pay) (rounded off to next 10)
Pay would be Pay in Pay Band as above + Grade Pay
B. Withholding of increment {Rule 11(iv)}
As the uniform date of increment now is 1st July, on imposition of a penalty of withholding of increment, the increment(s) due on the 1st of July falling after the date of imposition of the penalty would be withheld. In case where penalty of withholding of more than one increment is imposed, increments due on 1st of Juty in the subsequent years would similarly be withheld. The increment would be restored at the end of the period for which the penalty is imposed.
This also applies to cases where the penalty is imposed for part of a year. For instance, if the penalty of withholding of the increment for six months is imposed on a Government servant in April 2013, then the increment falling due on 1.7.2013 will be withheld for a period of six months, that is, till 31.12.2013. The increment would be released w.e.f. 1.1.2014. In this case the next increment falling due on 1.7.2014 will also be allowed.
C. Reduction to a lower stage in the time-scale of pay for a specified periodfRule 11(v)}
The process of imposition of penalty of reduction by one stage under Rule 11(iii a) explained above shall be repeated for every additional stage of reduction by taking the pay arrived at notionally as pay for the second reduction, and so on. Grade Pay shall remain unchanged.
NOTE 1: It is not permissible to impose a penalty under this rule if the pay after imposition of the penalty would fall below the minimum of the Pay Band attached to the post.
NOTE 2: A Pay Band may cover Government servants in different Grade Pays or holding posts at several levels in the hierarchy. It needs to be kept in mind that reduction to lower pay scale or grade is a distinct penalty, under Rule 11(vi).Therefore, while imposing a penalty of reduction to a lower stage in the time-scale of pay under Rule 11(v) of the CCS (CCA) Rules, 1965, Disciplinary Authorities should weigh all factors before deciding upon the quantum of penalty, i.e., the number of stages by which the pay is to be reduced.
D. Reduction to lower time-scale of pay under Rule 11(vi)
As a result of imposition of a penalty of reduction to lower time-scale of pay, the pay of the Government servant would be reduced to the stage of pay he /she would have drawn had he/she continued in the lower post for the period of penalty. The mode of fixation of pay in this case is similar to reversing the mode of fixation of pay on promotion. Therefore, both pay in Pay Band and Grade Pay would be reduced.
However, Disciplinary Authority has the power, in terms of FR 28, to indicate the pay which the Government servant on whom a penalty of reduction in rank has been imposed, would draw. The Government servant will be entitled to the Grade Pay of the post to which he has been reduced. Thus, the power of the Disciplinary Authority under FR 28 is limited to indicating the pay in the Pay Band applicable to the lower rank/post.
In some cases imposition of a penalty under Rule 11(vi) may also involve a change in Pay Band. For instance a Government servant holding a post in PB-2 with Grade pay of Rs.4200/- may be reduced to a post in PB-1 with Grade Pay of Rs.2800/-
It may also be noted that a Government servant cannot be reduced in rank to a post not held earlier by him in the cadre. For example, an LDC who qualifies as Assistant as a Direct Recruit and is later promoted as Section Officer cannot be reduced to the rank of LDC but only to that of an Assistant.
4. Some illustrations on pay fixation in above types of cases are annexed.
(Mukesh Chaturvedi)
Deputy Secretary to the Government of India
Prime Minister Approves Composition of 7th Central Pay Commission Under the Chairmanship of Justice Ashok Kumar Mathur, Retired Judge of the Supreme Court and Retired Chairman, Armed Forces Tribunal
The Finance Minister Shri P. Chidambaram has issued the following statement:
“The Prime Minister has approved the composition of the 7th Central Pay Commission as follows:
1.
Shri Justice Ashok Kumar Mathur
(Retired Judge of the Supreme Court and Retired Chairman,
Armed Forces Tribunal)
Chairman
2.
Shri Vivek Rae
(Secretary, Petroleum & Natural Gas)
Member
(Full Time)
3.
Dr. Rathin Roy
(Director, NIPFP)
Member
(Part Time)
4.
Smt. Meena Agarwal
(OSD, Department of Expenditure, Ministry of Finance)”
