Home Blog Page 853

Lok Sabha Q & A – Terminal Benefits of Employees

MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO 232
ANSWERED ON 23.11.2011

TERMINAL BENEFITS OF EMPLOYEES

Muhammed HAMDULLA A. B. SAYEED

Questions & Answers

Q. (a) whether a Government employee who acquires disability during his service is entitled for terminal benefits;

A. Yes

Q. (b) if so, the details thereof;

A. A Government servant becomes entitled to ‘Invalid Pension’ under Rule 38 of Central Service (Pension) Rules, 1972, if he retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service. Further the Central Civil Service (Extraordinary Pension) Rules, 1939, provide for the grant of award in the form of monthly pension on discharge of an employee if the disablement of a Government servant is accepted as due to Government service and there is a causal connection between disablement and Government service.

Q. (c) whether mental illness or retardation is covered under the term `disability` under sections of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;

A. As per Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Participation) Act, 1995, disability includes ‘mental retardation’ and ‘mental illness.’

Q. (d) if so, the details thereof; and

A. As per Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Participation) Act, 1995, disability includes ‘mental retardation’ and ‘mental illness.’

Q. (e) if not, the reasons therefor?

A. Does not arise.

Source : Lok Sabha Portal

Smart Cards to ESIC Beneficiaries

The number of labourers covered under the Employees’ State Insurance (ESI) Scheme in India as on 31st March, 2011 is 1,55,30,049 which includes labourers in Rajasthan. The total number of labourers covered in Rajasthan as on 31st March, 2011 is 5,06,126.

The Employees’ State Insurance Corporation (ESIC) is issuing a set of two Smart Cards called “Pehchan Cards”, one for the Insured Person (IP) and another for his dependant family.

Issuing a set of Smart Cards to Insured Persons (IPs) under Module Pehchan relates to issue of identification, authentication and verification of Insured Persons and beneficiaries for providing medical treatment anytime, anywhere in India.

Issuing of cards to ESI beneficiaries is a continuous process as new members continuously keep entering the scheme through employment. Nearly 80 lakh beneficiaries have been enrolled upto 30.11.2011. The process of issuing of Smart Cards to remaining Insured Persons is on.

For Pehchan Card, there is no separate cost estimate as this is a sub-component of Project Panchdeep.

This information was given by the Minister of Labour and Employment Shri Mallikarjun Kharge in reply in reply to a written question in the Lok Sabha today.

Pension Under Provident Fund Schemes

In exercise of powers conferred under Section 6A of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952, the Central Government formulated the Employees’ Pension Scheme, 1995. The Scheme provides pensionary benefits to the members upon superannuation/retirement. In addition, in case of death of member/member pensioner, the pensionary benefits are also given to widow and children/orphan/ nominee/dependent parents as per the provisions contained in the Scheme.

The benefits under the Scheme are paid out of the Employees’ Pension Fund into which the employer and the Central Government contribute @ 8.33% and 1.16% of the wages respectively subject to a wage ceiling of Rs.6,500/-.

The Central Government had constituted an Expert Committee for reviewing the Employees’ Pension Scheme, 1995 entirely including revision of Pension. The Expert Committee submitted its report to the Central Government on 5th August, 2010 and the recommendations of the Committee were placed before the Central Board of Trustees, Employees’ Provident Fund [CBT (EPF)] for consideration on 15th September, 2010. The CBT(EPF) directed that the report be first considered by the Pension Implementation Committee (PIC). The PIC has since finalized its report and sent it to Employees’ Provident Fund Organisation for placing before the CBT (EPF) for taking a final decision in the matter in its ensuing meeting.

This information was given by the Minister of Labour and Employment Shri Mallikarjun Kharge in reply in reply to a written question in the Lok Sabha today.

-PIB

CSD Depots in Himachal Pradesh

Government of Himachal Pradesh has requested this Ministry for setting up of a CSD Depot in the State in view of the number of Servicemen, Ex-servicemen and their families residing there.

Land measuring approximately 188kanals had been offered by Himachal Pradesh Government in this regard. However, the same was not found to be suitable, since some of it Included khud/nallah which is prone to flooding during rainy season.

It is not possible at this stage to anticipate the time likely to be taken for setting up the Depot at Una in view of the fact that the Government of Himachal Pradesh is yet to identify another piece of suitable land. Once a suitable alternate land is offered by the State Government the proposal will be considered depending upon availability of budget and manpower.

This information was given by Defence Minister Shri AK Antony in a written reply to ShriVirenderKashyap in LokSabha today

Children Education Allowance, Joining Time Rules, Overtime Allowance – FAQs

DOP&T – Department of Personnel and Training, has released Children Education Allowance, Joining Time Rules, Overtime Allowance – FAQs for Central Govt. Employees.

S.No

Frequently  asked Question

Answer

Children Education Allowance Scheme (CEA)

1

Whether Reimbursement of Children Education Allowance (CEA) for 3rd child is permissible if CEA has not been claimed for 1st and or 2nd child ? As perOMdated 2.9.2008 CEA is admissible for two school going children does it mean any two school going children? As per OM No. 12011/03/2008- Estt.(AL) dated 11 .I 1.2008,. the Children Education Allowance would be admissible for more than two children in case the number of children exceeds two as a result of the second child birth resulting in twins or multiple birth. This implies that the CEA will be admissible only in the cases of two eldest surviving childrcn and CEA for third or subsequent child will only be permissible if there is a case of multiple birth at the time of second child birth. Further, reimbursement of CEA for the 3rd child is admissible in case of failure of sterilization operation.

2

What are the fee that are reimbursable? Whether Development Fees, Annual Charges, Transportation fees are reimbursable? Reimbursement towards purchase of school bag, water bottle, uniform, shoes and stationary is admissible? As per OM No.12011/03/2008-Estt (AL) dated 2.9.2008, tuition fee, admission fee, laboratory fee, special fee charged for agriculture, electronics, music or any other subject, fee charged for practical work under programme of work experience, fee paid for the use of any aid or appliances by the child, library fee, games/sports fee and fee for extra-curricular activities are reimbursable subject to the condition that the aforementioned fee are charged by the school directly from the student. Besides, reimbursement for purchase of one set of text books and notebooks, two sets of uniforms prescribed by the school in which the child is studying, one pair of shoes, in an academic year are reimbursable. Uniform include all items of clothing prescribed for a day, as uniform by the school, irrespective of colours/winter/summer/PT uniforms.

3

Whether CEA has been increased% 25% as a result of enhancement of Dearness Allowances beyond 50%? This Department’s OM No. 12011/03/2008-Esn.(AL) dated 2.9.2008 clearly indicates that the limits “would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%. There is no need for any separate order from this Department to effect enhancement of CEA as a result of increase in DA by 50%. However, O.M. NO. 12011/01/2011-Estt.(Allowance) dated 4th May, 2011, has been issued to clarify this further.

4

Whether CEA can be claimed for the child for the same class twice The reimbursement of CEA is not linked to the performance of the child in his class. Even if a child fails in a particular class, the reimbursement is permissible. However, if the child is admitted in the same class in another school, although the child has passed out of the same class in previous school or in the midsession, CEA shall not be reimbursable.

5

Whether Hostel subsidy is reimbursable irrespective of transfer liability? Hostel Subsidy is reimbursable to allCentral Govt, employees for keeping their ward in the Hostel of a residential school away from the station in which the employee is posted or residing irrespective of any transfer liability

6

Whether the admissible amount on account of CEA can be reimbursed in full to a Govt. servant in the first quarter of the financial /academic year itself ? A Govt. servant is allowed to get 50% of the total amount subject to the overall annual ceiling in the first quarter and the remaining amount in third and or fourth quarter. Frontloading of the entire amount in the first and second quarters is not allowed

7

Whether any age limit has been prescribed for reimbursement of CEA in respect of children studying in nursery classes? There is no minimum age prescribed for reimbursement of CEA in respect ol children admitted in nursery classes. However, with regard to physically challenged children the minimum age ol 5 (five) years has been prescribed. The maximum age for normal child is 20 years and for physically challenged children the maximum age is 22 years.

8

Whether the school/institution should be recognized? The school/institution has to recognized by the Central or Statc Government or UT administration or by University or a recognized educational authority having jurisdiction over the area where the institution is situated.

9

Whether CEA is payable for the children of Central Government employees and studying abroad, including children of citizens of NepalBhutan but working in Govenunent of India, and the children are studying in the schools in their native place, i.e., Nepal/Bhutan? The CEA is payable for the children of all Central Government employees including citizens of Nepal and Bhutan, who are employees of Govenunent of India, and whose children are studying abroad. However, a certificate may be obtained from the Indian Mission ahroad that the school is recognized by the educational authority having jurisdiction over the area where the institution is situated.

Joining Time Rules

10

Whether Joining  timeIlJoining Time pay is  admissible in case of technical resignation  to  join another  Govt. organization. For appointment  to  posts  under  the Central Government on the results of a competitive examination and  or interview open to Government servants and others, Central Government employees  and  permanent/provisionally permanent State Government employees will  be  entitled  to  joining  time.  A Government servant shall  be treated on duty during  the  period  of joining  time and shall be  entitled to joining time pay equal to the pay and allowances like DA, HRA, CCA, drawn before relinquishment of charge at the old post. But temporary Central Government employees with less than 3 years of regular continuous  service,  though entitled  to  joining  time  would  not  be entitled to joining iime pay

Overtime Allowance

11

Revision of rates of Overtime Allowance The 5th and 6th Central Pay Commission have recommended abolition of grant of Overtime Allowance but the Government has decided to maintain the status quo at the existing rates till implementation of Performance Related Incentive Scheme.

Click here to get Original DOPT Order Copy

Leave Rules – FAQ

DOP&T – Department of Personnel and Training, has released Leave Rules – FAQS for Central Govt. Employees.

S.No

Frequently  asked Question

Answer

1

What are the leave entitlement of Govt. servants serving in a vacation Department w.e.f.  1.9.2008? Earned  leave  for persons serving  in  Vacation Departments:-(1)   (a) A Government  servant(other  than  a military officer) serving in a Vacation  Department shall not  be entitled to  any earned leave in respect of  duty performed  in  any year  in which  he  avails himself of  the full vacation.

(b)  In  respect of any  year  in  which  a Government  servant avails himself of a portion  of the vacation,  he  shall be  entitled to earned leave in such proportion  of  30 days, as the number of days of  vacation not  taken  bears  to  the  full  vacation:

Provided that no such leave shall  be admissible  to  a Government  servant not in permanent  employ  or  quasi-permanent  employ in respect of the first year of  his service.

(c) If, in any year, the Government servant does  not  avail  himself  of   any  vacation, earned leave  shall be admissible to  him in respect  of that year under rule 26.

For the purpose of  this rule, the term ‘year’ shall be  construed not  as  meaning a  calendar year  in which  duty is performed but  as  meaning twelve months of actual duty in a Vacation Department.

A Government servant entitled to vacation  shall be considered  to  have  availed  himself  of  a vacation or a portion of a vacation unless he has been  required by general or special  order  of  a higher  authority  to  forgo such  vacation or portion of a vacation:

Provided  that  if  he has  been prevented by such order from enjoying more than fifteen days of the vacation,  he   shall  be considered  to  have availed himself of no portion of the vacation.

When  a Government  servant  serving  in  a Vacation  Department proceeds  on  leave  before completing a  full year  of duty, the earned leave admissible  to him  shall  be  calculated  not  with reference to  the vacations which  fall during the  period  of  actual duty  rendered before proceeding on  leave  but with reference  to  the vacation  that  falls during  the  year  commencing from  the  date on  which he  completed  the previous year of duty.

As per Rule  29(1) the half pay leave account of every Government  servant  (other than a military officer shall  be  credited  with half  pay  leave  in advance, in two installments of  ten days each on the  first  day  of  January  and  July  of  every calendar year.

2

Whether encashment of  leave is allowed  after LTC is availed. Sanction of leave encashment should, as  a rule, be lone  in  advance,  at   the time  of  sanctioning the LTC.  However, ex-post facto sanction  of  leave encashment  on  LTC may  be  considered  by  the sanctioning  authority  as  an  exception  in  deserving cases  within  the time  limit prescribed  for submission of claims for LTC.

3

Whether encashment of Leave with LTC  can be availed  at the time when  the LTC is availed by the Government servant only or  can leave be encashed  at the time when LTC is availed by family members? A Govt. servant can be  permitted to encash earned leave  upto  10  days  either at  the  time of  availing LTC  himself  or when  his  family avails it, provided other conditions are satisfied.

4

Whether leave encashment should be revised on retrospective revision  of pay/D.A? In  terms  of  38-A  of  CCS(Leave)  Rules, encashment  of EL alongwith  LTC  is  to  be calculated  on pay admissible on the date of availing LTC+DA  admissible on  that  date.  If  pay  or  DA admissible  has been revised with retrospective effect,  the  Govt. servant  would  be  entitled  to encashment of Leave on the revised rates.

5

Whether encashment of Earned Leave allowed  to  a  Govt. servant  prior  to  his joining the  Central  Govt.  is  to   be  taken into account while retiring ceiling of leave encashment  on his  superannuation  and retirement from Central Govt.? Encashment  of EL  allowed  by  the  State Governments,  Public Sector  Undertakings, Autonomous  Bodies for  services  rendered  in  the concerned Govt. etc. need not be taken into accounl for  calculating the ceiling of   300 days  of   Earned leave to  be encashed as  per CCS(Leave) Rule.

6

Whether leave  encashment  can  be sanctioned  to  a  Govt.  servant  on  his superannuation while under suspension? Leave encashment can be sanctioned, however Rule 39(3)  of  CCS  (Leave) Rules,  1972  allows  with holding of leave encashment in the case of a Govt. servant who retires  from  service  on attaining  the age of  superannuation  while  under suspension  or while disciplinary  or  criminal  proceedings  are pending against him,  if  in  view  of  the  authority there  is  a possibility  of   some  money  becoming recoverable  from  him  on conclusion  of   the proceedings against  him. On conclusion of  the proceedings  he/she  will become  eligible  to  the amount so withheld after adjustment of Government dues, if any.

7

Whether leave encashment can be sanctioned  to  a  Govt.  servant  on  his dismissal/removal, from service? A  govt.  servant who  is  dismissed/removed  from service  or whose  services are terminated ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1).  Hence he is not entitled to any leave encashment.

8

 Whether interest is payable  on delayed payment of leave encashment dues? No, there is no provision in the CCS (Leave) Rule 1972 for payment of interest on leave encashment.

9

Whether  a Govt. servant  who  has  been granted study leave may be allowed  to resign  to  take  up  a post  in  other Ministries/Department  of  the Central Govt.  within the bond period? Yes, As per rule 50(5)(iii) a Govt. servants has to submit a bond  to  serve the Govt. for a period  of 3 years.  As the Govt. servant would  still be  serving the Govt. / Department he may be allowed to submit his technical resignation  to  take up another post
within the Central Govt.

10

 Whether women employees  of Public sector  undertakings/Bodies  etc. Are entitled to CCL? Orders  issued  by  DOPT are not automatically applicable  to  the  employees of Central Public Sector Undertakings/Autonomous Bodies, Ranking industry etc. It is for the PSUs/ Autonomous Bodies to  decide the  applicability  of the  rules/instructions issued  for  the central Government employees  to their employees  in  consultation  with  their Administrative Ministries.

11

Whether Govt. servant can  be permitted  to leave  station/go abroad while on CCL? Child care leave is  granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Govt. servant has to go abroad for taking care of the child, she may do so  subject to other conditions laid down for this purpose.

12

 What  is  the intention  behind  the instruction that  CCL  is to  be  treated  like EL  and sanctioned as such? The intention  is  that  CCL  should be availed  with prior  approval  of  leave sanctioning authority  and that the combination  of  CCL with  other leave,  if any, should be  as per the restriction of combination with EL.  The restriction of the limit of 180 days at a stretch  as  applicable in the case of  EL  will  not apply in  case of CCL. The other conditions like CCL may  not be granted for less than  15 days or in more than 3 spells, etc., in a year, will apply.

Click here to get Original DOPT Order Copy

DFFT – Last Date has been extended till 6th January 2012

MOST IMMEDIATE

No. 12037/37/2011-FTC
Government of India
Department of Personnel and Training
Training Division

Dated the 9th December, 2011

To

1. The Chief Secretaries of all the State Governments/ UTs.

2. The Secretaries of all the Ministries/Departments of Government of India.

Sir/Madam,

In continuation of this Division’s circular of even number dated 16th September 2011 inviting applications for various long/short-term foreign training programmes to be organized under the Domestic Funding of Foreign Training (DFFT) Scheme, this is to inform that the last date of receipt of completed applications of willing officers from the Controlling Authorities, after filling the requisite details in Annexure II, has been extended till 6th January 2012.

2. The deadline for filling up of Annexure I of the application form by individual officers will continue to be 20th December 2011.

(Sanjiv Shankar)
Director (FTC)

Click here to get Original DOP&T Order Copy

Lok Sabha Q & A – Revision of Pension

MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO : 231
ANSWERED ON 23.11.2011
REVISION OF PENSION
Shri C. R. PATIL

Questions 

(a) whether the Government had issued a notification for revision of pension of those Government employees who retired before 2006;

(b) if so, the details thereof;

(c) the time by which the pension of the retired Government employees is likely to be revised; and

(d) the details of norms for revision of pension and the likely benefit to each pensioner?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office . (SHRI V. NARAYANASAMY)

(a) to (c): Yes, Madam. Instructions for revision of pension, with effect from 01.01.2006, of pre-2006 Central Government civil pensioners were issued vide Department of Pension and Pensioners’ Welfare’s Office Memorandum No. 38/37/08-P&PW(A), dated 1st September, 2008. These orders provided for payment of the revised pension and the first instalment of 40% arrears by the pension disbursing authorities by 30th September, 2008. This date was subsequently extended up to 30th November, 2008 vide Office Memorandum No. 38/37/08-P&PW(A), dated 14th October, 2008. The remaining 60% of arrears of pension was ordered to be paid by 30th September, 2009 vide Department of Pension and Pensioners’ Welfare’s Office Memorandum No. 38/37/08-P&PW(A) dated 25.08.2009.

(d): The above mentioned orders provided that the pension/family pension of pre-2006 pensioners/family pensioners would be consolidated with effect from 1st January, 2006 by adding together :-

(i) the pension/family pension as on 31.12.2005

(ii) dearness pension, where applicable

(iii) dearness relief upto AICPI (IW) average index 536 (Base year 1982=100) i.e. @ 24% of basic pension/basic family pension plus dearness pension as admissible.

(iv) fitment weightage @ 40% of existing pension/family pension.

The orders further provided that the revised pension, in no case, shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale form which the pensioner had retired. In the case of HAG+ and above scales, this would be fifty percent of the minimum of the revised pay scale.

Source : Lok Sabha Portal

Flexible Complementing Scheme for Promotion of Scientists

Flexible Complementing Scheme (FCS) for in-situ promotion of scientists/technical personnel in the scientific Departments as a career advancement scheme is operative as per modified FCS guidelines, issued by DoPT after the 6th Central Pay Commission (CPC). As per the same, the Modified Assured Career Progression (MACP), as approved for Central Govt. civilian employees would also be applicable to scientists covered under FCS.

FCS is applicable to Scientists and Engineers who possess academic qualification of at least Master’s Degree in Natural/Agriculture Sciences or Bachelors Degree in Engineering/Technology/Medicine. It is necessary that the Scientists are engaged in scientific and innovative activities as distinct from the mere application of technical knowledge.

Under the Modified FCS guidelines, issued after 6th CPC, MACP as approved for Central Govt. civilian employees would also be applicable to those scientists, covered under FCS, who do not get in-situ promotion under the FCS. This is expected to provide an alternate channel for development for Scientists.

This information was given by Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Prime Minister’s Office, Shri V. Narayanasamy in written reply to a question in the Rajya Sabha today.

Family Pension – list of documents to be submitted by a claimant member

No. 1/6/2011- P&PW(E)
Government of India
Ministry of Personnel. Public Grievances and Pensions
Department of Pension & Pensioners Welfare
(Desk ‘E’)

3rd Floor, Lok Nayak Bhavan,
New Delhi the 8th December, 2011

Office Memorandum

Sub: Family pension – list of documents to be submitted by a claimant member of family (other than spouse) along with Form 14. PPO and death certificate in respect of the deceased pensioner/family pensioner – regarding.

The Department of Pension & Pensioners Welfare has been receiving references for clarification by various Ministries/Departments of the Government regarding the documents for family pension, including certificate of income, required to be submitted by a claimant member of family (other than spouse) along with application form (Form 14), PPO and death certificate after the death of a pensioner/family pensioner The matter was also discussed at length in the 20th meeting of SCOVA held on 21st September. 2011 (item No 9 2 of the Minutes refers). It was agreed In the meeting that a list of such documents will be made available at the website of the Department of Pension & Pensioners Welfare. It was pointed out in the meeting that It is indicated in this Department’s Office Memorandum No.45/51/97-P&PW(E). dated 21.7.1999 that a self certificate for the income of those who are self employed or are in receipt of income from sources other than employment may be accepted It was decided to send a copy of this 0M. to all member associations of SCOVA.

2. This iS informed that the claims submitted by a claimant member of family (other than spouse) for family pension after the death of a pensioner/family pensioner in Form 14 and supported by the death certificate and PPO of the pensioner/family pensioner. may be processed in consultation with the Pay and Accounts Officer, who is the custodian of the pension file which contains all relevant Forms and information of the pensioner In a very rare case where the name of the claimant member is not available in the records of the Head of Office as well as the Pay & Accounts Officer concerned and the claimant member also fails to submit a copy of PPO or Form 3 containing ‘Details of Family submitted earlier by the deceased employee/pensioner the certificates prescribed at serial number 9(v) of Form 14 may be accepted In addition to these certificates PAN Card, Matriculation Certificate, Passport, CGHS Card, Driving License Voters ID Card and Aadhar Number may also be accepted. Acceptance of voter’s ID card ana adhar Number is subject to the condition that the pensioner/family pensioner certifies that he/she is not a matriculate and he/she does not have any of the documents mentioned in Form 14 or above Apart from these documents, the Ministries/Departments may accept any other document submitted by the claimant which may be relied upon and which establishes the relationship of the claimant with the pensioner and/or contains his/her date of birth

3 The applicant has also to prove that no other surviving member in the family, who may have a prior entitlement for family pension s eligible For this purpose. the above and/or any other documents, such as marriage/death/income certificates of the other members which may be essential in a given situation may be used.

4. As decided in the SCOVA meeting. a copy of O.M. No 45/51/97-P&PW(E). dated 21.7.1999 is enclosed for circulation to an Ministries/Departments/Associations

(D.K. Solanki)
Under Secretary

Click here to get Original Copy

Just In