dopt orders,7th pay commission,dearness … · 2016-06-25 · vide para 3.1.5 dated 31st december,...

A glance of office memorandum

MARCH 2016

GOVTEMPDIARY

Disclaimer | Our books Go to top 2

7th Pay commission Central Government Employees News

GOVTEMPDIARY

Table of contents

DEFENCE

OTHERS

PERSONNEL & TRAINING

FINANCE

RAILWAYS

COMMUNICATION & IT

ICAR

http://www.govtempdiary.com/category/7th-pay-commission-india

http://www.govtempdiary.com/

https://www.facebook.com/Central.Government.Employee.News/

https://twitter.com/govtempdiary10

https://plus.google.com/u/0/b/110982009006595663008/+doptorders2012/posts?_ga=1.213937943.1867779751.1462775145




GOVTEMPDIARY

Personnel and Training









GOVTEMPDIARY

Table of contents

S. No Order No / Date Title

1 No. 21/2/2014-CS.I

(PR/CMS)

28.03.2016

The Lokpal and Lokayuktas Act, 2013 –

Submission of declaration of assets and

liabilities by CSS officers for each year

2 F. No.12/6/2016-JCA-2

21.03.2016

Holiday on 14th April, 2016- Birthday of

Dr. B.R. Ambedkar

3 No. AB.14017/61/2008-

Estt. (RR)

17.03.2016

Notifying of Recruitment Rules within ten

weeks’ time period after the same are

approved by the Union Public Service

Commission

4 No. AB.14017/61/2008-

Estt. (RR)

17.03.2016

Review of Recruitment Rules

5 F.No.28027/1/2016-

Estt.A-III

16.03.2016

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

6 No. B-11011/1/ 2016-

Ad-III

11.03.2016

Scheme for providing facilities to the

Employees with Disabilities of

Department of Personnel & Training – reg

7 No.12/2/2016-CS.II (B)

09.03.2016

Preparation of Common Seniority List

(CSL) in the Grade of UDC of CSCS for

the Select List Year-2004 to 2014-reg









GOVTEMPDIARY

8 F.No.18/03/2015-Estt.

(Pay-I)

02.03.2016

Recovery of wrongful / excess payments

made to Government servants

9 No. 22034/04/2013-

Estt.(D)

01.03.2016

MACPS benefits in the promotional

hierarchy – Court order

10 No.25013/01/2013-

Estt.A-IV

01.03.2016

Strengthening of administration —

Periodical Review under FR 56 (j) and

Rule 48 of CCS (Pension) Rules, 1972 :

Composition of Representation Committee









GOVTEMPDIARY

The Lokpal and Lokayuktas Act, 2013 – Submission of

declaration of assets and liabilities by CSS officers for each year

No. 21/2/2014-CS.I (PR/CMS)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

CS.I Division

2nd Floor, Lok Nayak Bhawan,

Khan Market, New Delhi 110003

Dated the 28th March, 2016

OFFICE MEMORANDUM

Subject: The Lokpal and Lokayuktas Act, 2013 – Submission of declaration

of assets and liabilities by CSS officers for each year – Regarding

1. The Undersigning is directed to refer to this Department’s O.M of even

number dated 9.4.2015 followed by reminders dated 23.04.2015,

16.7.2015, 25.08.2015, 22.09.2015 and 01.10.2015 and to say that all CSS

officers have been requested to file the returns as required under the Lokpal

and Lokayuktas Act 2013 as on 1.8.2014 and for the year 2015 (as on

31.3.2015) online at cscms.nic.in The last date for submission of the returns

is 15.04.2016. CSS officers who have not yet submitted the returns are

requested to submit the same immediately without waiting for the last date

to approach to avoid rush and slowing down of the system at the last

moment. All officers of US and above levels of CSS should also take a

print out of the return filed online and submit to this Department duly

signed.









GOVTEMPDIARY

2. Ministries/Departments are requested to circulate this O.M. among all

CSS officers under them. They should also monitor to ensure that the returns

are submitted by all CSS officers within the stipulated period without fail

through the Web Based Cadre Management System. In case of any technical

assistance nodal officers may contact helpline at Telephone No.24629890

Original copy







http://www.7thpaycommissionnews.com/wp-content/uploads/2016/03/Lokpalscan0002.pdf




GOVTEMPDIARY

Notifying of Recruitment Rules within ten weeks time period after

the same are approved by the Union Public Service Commission

No. AB.14017/61/2008-Estt. (RR)

Government of India



New-Delhi

Dated: the 17th March , 2016

OFFICE MEMORANDUM

Subject: - Notifying of Recruitment Rules within ten weeks time period fter

the same are approved by the Union Public Service Commission –regarding.

1. Attention is invited to this Department’s Office Memorandum of even

number dated 27th January, 2016 vide which it was conveyed that the Union

Public Service Commission had brought to the notice of this Department

that Ministries/Departments are not notifying the recruitment rules to a

number of posts which were advised upon by the Commission even after the

lapse of ten weeks time. Ministries/Departments were, accordingly,

requested to take immediate actions to notify the Recruitment Rules as soon

as these are approved by the Commission so that the time limit of 10 weeks

as prescribed in Para No. 5.2 of this Department’s O.M. No.

A.B.14017/48/2010-Estt.(RR) dated 31 stDecember, 2010, is adhered to.

2. It is once again requested that Ministries/ Departments may notify the

Recruitment Rules within 10 weeks from the date of receipt of advice letter

from the Commission.

Original copy







http://www.7thpaycommissionnews.com/wp-content/uploads/2016/03/AB-14017_61_2008-Estt.RR-17032016A.pdf



GOVTEMPDIARY

Review of Recruitment Rules

No. AB.14017/61/2008-Estt. (RR)

Government of India

Ministry of Personnel, Public Grievandes and Pensions

Department of Personnel and Training –

New Delhi.

***

Dated: the 17th March, 2016

OFFICE MEMORANDUM

Subject:- Review of Recruitment Rules – regarding

1. DoPT guidelines on framing/amendment/relaxation of Recruitment Rules

vide para 3.1.5 dated 31st December, 2010 provide that the Recruitment

Rules should be reviewed once in 5 years with a view to effecting such

change as are necessary to bring them in conformity with the changed

position, including additions to or reductions in the strength of the lower and

higher level posts. Further, consequent upon the implementation of the 6th

CPC recommendations, DoPT vide OM dated 24.3.2009 had issued

instructions to all the Ministries/Departments to initiate action to amend the

existing Service Rules/Recruitment Rules in view of the revised pay

structure/merger of pre-revised pay scales/up-gradation etc. These

instructions were reiterated vide this Department’s OM. No.

AB.14017/61/2008-Estt (RR) dated 25th March, 2014.

2. It is understood that many Ministries/Departments have still not updated

their Recruitment Rules. Periodic revision of RRs is important to ensure that

candidates with requisite qualifications are selected.









GOVTEMPDIARY

3. Ministries/Departments are, therefore, requested to undertake revision of

Recruitment Rules under their purview and update the Recruitment Rules

by 30.9.2016

Original copy







http://www.7thpaycommissionnews.com/wp-content/uploads/2016/03/AB-14017_61_2008-Estt.RR-17032016.pdf

http://www.govtempdiary.com/7th-cpc-pay-calculator-based-on-7th-cpc-recommendation



GOVTEMPDIARY

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

2309 3074

Original copy







http://www.govtempdiary.com/wp-content/uploads/2016/03/12_6_2016-JCA-2-21032016.pdf



GOVTEMPDIARY

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

F.No.28027/1/2016-Estt.A-III

Government of India


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.









GOVTEMPDIARY

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









GOVTEMPDIARY

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/Applicant

s.

(a)

Where in

above, the

Administrative Ministry

is in favour of

implementing the

judgement

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 DoP85T.









GOVTEMPDIARY

(b)Where in above, a

decision to file

Writ Petition/Special

Leave Petition (as the

case may be) has to be

taken

3.

Where the judgment

has gone in favour of

Applicant/Petitioner/Re

spondent 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 copy







http://www.govtempdiary.com/wp-content/uploads/2016/03/28027_1_2016-Estt.A-III-16032016.pdf



GOVTEMPDIARY

Scheme for providing facilities to the Employees with Disabilities

of Department of Personnel & Training – reg

No. B-11011/1/ 2016-Ad-III

Government of India


(Department of Personnel and Training)


Dated 11 March, 2016

Circular

Subject: Scheme for providing facilities to the Employees with Disabilities of

Department of Personnel & Training – reg.

In accordance with this Department’s O.M. no. 36035/3/2013 – Estt (Res) dated

31.03.2014 a scheme for providing facilities to the Employees with Disabilities

in this Department has been formulated.

2. The detail of the Scheme are enclosed & circulated herewith.

(Kulbhushan Malhotra)

Under Secretary to the Govt. of India

Scheme for providing facilities to the Employees with Disabilities of

Department of Personnel and Training:-

Name of the Schemes:-

To provide facilities to the Employees with Disabilities working in Department

of Personnel and Training, for ease of doing their day to day office work. The









GOVTEMPDIARY

Scheme will come into effect from next financial year i.e. from April, 2016.

Objective of the Scheme:-

The objective of the Scheme is to enable and empower Persons with Disabilities

(PwDs) of this Department by providing certain additional facilities to help them

discharge their duties more conveniently and effectively.

Facilities under the Scheme: –

The Scheme provides the following facilities to the PwDs:-

Wheelchairs (Motorised, if required)

Special furniture

Hearing aids with battery

Low vision aids

Smart Cane

Special Software/computers

Braille Signage near lift area, toilets, canteen, fire, exit etc. /Room

Numbering/Section Name

Provision of Beep sound in biometric attendance system

Induction/lob specific training

Eligibility: -

PwD employees who are serving in DoPT.

Implementation process:-

Employees with disability would be given option to apply for the items mentioned

above to the Administration Division through proper channel, which will be

examined on case to case basis and decided with the approval of competent

authority.









GOVTEMPDIARY

Grievance Redressal:-

Shri Suresh Kumar DS (Admn), is the nodal authority/Grievance Officer to

address the issues, if any, relating to operation and procurement of special items,

as mentioned above.

Original copy







http://www.govtempdiary.com/wp-content/uploads/2016/03/B-11011_1_2016-Ad.-III-11032016.pdf

http://www.govtempdiary.com/latest-7th-pay-commission-arrears-calculator-2016



GOVTEMPDIARY

Preparation of Common Seniority List (CSL) in the Grade of

UDC of CSCS for the Select List Year-2004 to 2014-reg.

No.12/2/2016-CS.II (B)

Government of India



3rd Floor, Lok Nayak Bhawan

Khan Market, New Delhi-110003


OFFICE MEMORANDUM

Subject: –

The undersigned is directed to refer to this Division’s 0,M. of even number dated

14.01.2016 vide which cadre units were requested to prepare the Seniority List of

UDC of CSCS for the Select List year 2004 to 2014 in terms of Rule 3 of Section

6 of the Central Secretariat Clerical Service (Preparation of Common Seniority

Lists) Regulations, 1971.

2. As on date all the cadre units have submitted the seniority list of UDCs of

CSCS for the Select List Year 2004-2014. However, from the information

furnished by various Cadre Units, it is observed that few cadre units have not

followed the zone prescribed by this Division’s 0,M. No. 12/1/2015-CS.11(B)

dated 30.09.2015. A list of such officials is enclosed as Annexure-I.









GOVTEMPDIARY

3. in this context, it is stated that it was clarified to all the cadre units vide

DoP&T’s O.M. No. 12/1/2015-05.II(B) dated 11.12,2015 that if number of

officials eligible for promotion are more than number of vacancies reported, they

may be promoted as of now (if sufficient physical vacancies available as on date

to accommodate them) as their juniors from subsequent Select List Year have

been promoted. They will be adjusted by DoP&T by making allocations to

deficient cadres on compilation of complete information from all cadre units.”

(Copy enclosed)

4. The Cadre Units are, therefore, requested to conduct review DPCs of such

officials mentioned at Annexure-1 latest by 18.03,2016 and send the action taken

report to the undersigned so that Common Seniority List (CSL) 2004 to 2014 in

the grade of UDCs may be finalized.

5. A copy of the information may also be e-mailed at sarswat.rajesh13(Wnic.in

in MS-Word or MS-Excel form.

(Rajesh Sarswat)

Unser Secretary to the Govt. of India

Tel-24654020

Original copy







http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/BANU.pdf



GOVTEMPDIARY

Recovery of wrongful / excess payments made to Government

servants

F.No.18/03/2015-Estt. (Pay-I)

Government of India



New Delhi, the 2nd March, 2016

OFFICE MEMORANDUM

Sub: Recovery of wrongful / excess payments made to Government servants.

The undersigned is directed to refer to this Department’s OM No.18/26/2011-Estt

(Pay-I) dated 6th February, 2014 wherein certain instructions have been issued to

deal with the issue of recovery of wrongful / excess payments made to

Government servants in view of the law declared by Courts, particularly, in the

case of Chandi Prasad Uniyal And Ors. vs. State of Uttarakhand And Ors., 2012

AIR SCW 4742, (2012) 8 SCC 417. Para 3(iv) of the OM inter-alia provides that

recovery should be made in all cases of overpayment barring few exceptions of

extreme hardships.

2. The issue has subsequently come up for consideration before the Hon’ble

Supreme Court in the case of State of Punjab & Ors vs Rafiq Masih (White

Washer) etc in CA No.11527 of 2014 (Arising out of SLP(C) No.11684 of 2012)

wherein Hon’ble Court on 18.12.2014 decided a bunch of cases in which

monetary benefits were given to employees in excess of their entitlement due to

unintentional mistakes committed by the concerned competent authorities, in









GOVTEMPDIARY

determining the emoluments payable to them, and the employees were not guilty

of furnishing any incorrect information / misrepresentation / fraud, which had led

the concerned competent authorities to commit the mistake of making the higher

payment to the employees. The employees were as innocent as their employers

in the wrongful determination of their inflated emoluments. The Hon’ble

Supreme Court in its judgment dated 18th December, 2014 ibid has, inter-alia,

observed as under:

“7. Having examined a number of judgments rendered by this Court, we are of

the view, that orders passed by the employer seeking recovery of monetary

benefits wrongly extended to employees, can only be interfered with, in cases

where such recovery would result in a hardship of a nature, which would far

outweigh, the equitable balance of the employer’s right to recover. In other words,

interference would be called for, only in such cases where, it would be iniquitous

to recover the payment made. In order to ascertain the parameters of the above

consideration, and the test to be applied, reference needs to be made to situations

when this Court exempted employees from such recovery, even in exercise of its

jurisdiction under Article 142 of the Constitution of India. Repeated exercise of

such power, “for doing complete justice in any cause” would establish that the

recovery being effected was iniquitous, and therefore, arbitrary. And accordingly,

the interference at the hands of this Court.”

“10. In view of the afore-stated constitutional mandate, equity and good

conscience, in the matter of livelihood of the people of this country, has to be the

basis of all governmental actions. An action of the State, ordering a recovery from

an employee, would be in order, so long as it is not rendered iniquitous to the

extent, that the action of recovery would be more unfair, more wrongful, more

improper, and more unwarranted, than the corresponding right of the employer,









GOVTEMPDIARY

to recover the amount. Or in other words, till such time as the recovery would

have a harsh and arbitrary effect on the employee, it would be permissible in law.

Orders passed in given situations repeatedly, even in exercise of the power vested

in this Court under Article 142 of the Constitution of India, will disclose the

parameters of the realm of an action of recovery (of an excess amount paid to an

employee) which would breach the obligations of the State, to citizens of this

country, and render the action arbitrary, and therefore, violative of the mandate

contained in Article 14 of the Constitution of India. “

3. The issue that was required to be adjudicated by the Hon’ble Supreme Court

was whether all the private respondents, against whom an order of recovery (of

the excess amount) has been made, should be exempted in law, from the

reimbursement of the same to the employer. For the applicability of the instant

order, and the conclusions recorded by them thereinafter, the ingredients depicted

in paras 2&3 of the judgment are essentially indispensable.

4. The Hon’ble Supreme Court while observing that it is not possible to postulate

all situations of hardship which would govern employees on the issue of recovery,

where payments have mistakenly been made by the employer, in excess of their

entitlement has summarized the following few situations, wherein recoveries by

the employers would be impermissible in law:-

(i) Recovery from employees belonging to Class-III and Class-IV service (or

Group ‘C’ and Group ‘D’ service).

(ii) Recovery from retired employees, or employees who are due to retire within

one year, of the order of recovery.









GOVTEMPDIARY

(iii) Recovery from employees, when the excess payment has been made for a

period in excess of five years, before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to

discharge duties of a higher post, and has been paid accordingly, even though he

should have rightfully been required to work against an inferior post.

(v) In any other case, where the Court arrives at the conclusion, that recovery if

made from the employee, would be iniquitous or harsh or arbitrary to such an

extent, as would far outweigh the equitable balance of the employer’s right to

recover.

5. The matter has, consequently, been examined in consultation with the

Department of Expenditure and the Department of Legal Affairs. The Ministries

/ Departments are advised to deal with the issue of wrongful / excess payments

made to Government servants in accordance with above decision of the Hon’ble

Supreme Court in CA No.11527 of 2014 (arising out of SLP (C) No.11684 of

2012) in State of Punjab and others etc vs Rafiq Masih (White Washer) etc.

However, wherever the waiver of recovery in the above-mentioned situations is

considered, the same may be allowed with the express approval of Department of

Expenditure in terms of this Department’s OM No.18/26/2011-Estt (Pay-I) dated

6th February, 2014.

6. In so far as persons serving in the Indian Audit and Accounts Department are

concerned, these orders are issued with the concurrence of the Comptroller and

Auditor General of India.

7. Hindi version will follow.









GOVTEMPDIARY

(A.K. Jain)

Deputy Secretary to the Government of India

Original copy

MACPS benefits in the promotional hierarchy – Court order

No. 22034/04/2013-Estt.(D)

Government of India

Ministry of Personnel Public Grievance & Pensions



Dated: 01.03.2016

Office Memorandum

Subject:-References/Representations/Court Cases in various

ministries/Departments/Organisations for grant of MACPS benefits in the

promotional hierarchy – reg.

In continuation of DOPT’s earlier O.M. of even no. dated 20.01.2016 on the

above mentioned subject, the undersigned is directed to forward a copy of the

decision of Hon’ble CAT, Ahmedabad bench in OA No. 120/000018/2015 filed

by Shri Manubhai B. Rathore Vs. UOI & Ors whereby the demand of the

applicant for MACP in promotional Hierarchy has been dismissed.

(G. Jayanthi)

Director (E-I)

Phone No. 23092479







http://www.govtempdiary.com/wp-content/uploads/2016/03/18_03_2015-Estt.Pay-I-02032016.pdf



GOVTEMPDIARY

CENTRAL ADMINISTRATIVE TRIBUNAL

AHMEDABAD BENCH

Original Application No. 18 of 2015

This the 16th day of October, 2015

CORAM :

HON’BLE SHRI M. NAGARAJAN, JUDICIAL MEMBER

HON’BLE SHRI K.N. SHRIVASTAVA, ADMINISTRATIVE MEMBER

Manubhai Bhagwanji Rathod,

Resident of B-54, Prushti Prabha Society,

Bapod, Jagat Naka Waghodia Road,

Vadodara : 390 022

Working as Assistant Engineer,

Investigation Division,

National Water Development Agency,

Chhani Jakat Naka, Vadodara : 390 022

Applicant

(By Advocate Mr. B.A. Vaishnav)

versus

1. Union of India,

(Notice to be served through

Secretary, Ministry of Personnel,









GOVTEMPDIARY

Public Grievances & Pension),

North Block, New Delhi : 110 001

2. National Water Development Agency

(Notice to be served through its

Director General), 18/20, Community

Centre, Saket, New Delhi – 110 017 ……….. Respondents

(By Advocate : Mr. Bhagyodaya Mishra)

ORDER (ORAL)

PER HON’BLE MR. M. NAGARAJAN, JUDICIAL MEMBER

The grievance of the applicant in this O.A relates to non granting of Grade Pay

of Rs. 5400/- in Pay Band of Rs. 15600-39100 (PB-3) on being extended the

benefit of 2nd financial upgradation under the Modified Assured Career

Progression (MACP) Scheme. According to the applicant, on granting 2nd

financial upgradation under the MACP Scheme his pay shall be fixed in the next

Grade Pay of Rs. 5400/- in Pay Band of Rs. 15600-39100 (PB-3)

2. The facts stated by the applicant in support of his claim in brief are that he

entered into service in the National Water Development Agency as Supervisor on

24.03.1986 in the pay scale of Rs. 1400-2300 as per the 4th Central Pay

Commission. The applicant was thereafter promoted as Assistant Engineer by

order dated 30.04.1996 in the pre-revised scale of Rs. 6500-10500 which was

subsequently revised to Rs. 9300-34800 with Grade Pay of Rs. 4600/- (as per 6th

CPC). The applicant submits that as per the existing promotional hierarchy in the

department, his next promotional post is the Assistant Executive Engineer in the

Pay Band of Rs. 15600-39100 (PB-3) with Grade Pay of Rs. 5400/-









GOVTEMPDIARY

3. On the basis of the 6th Central Pay Commission, the Government revised the

ACP Scheme and introduced a new Scheme called, Modified Assured Career

Progression Scheme (MACP Scheme) for the Central Government civilian

employees by issuing Office Memorandum No. 35034/3/2008-Estt.(D) dated

19.05.2009, effective from 01.09.2008. The said MACP provides for grant of

three financial upgradations at intervals of 10, 20 and 30 years of continuous

regular service. Pursuant to the MACP Scheme, the applicant was given 2nd

financial upgradation with effect from 01.09.2008 in Pay Band of Rs. 9300-34800

(PB-2) with Grade Pay of Rs. 4800/-. The next promotional post of Assistant

Executive Engineer carries the Grade Pay of Rs. 5400/- in Pay Band of Rs. 15600-

39100 (PB-3). According to the applicant, on granting the benefit of 2nd financial

upgradation under the MACP Scheme by order dated 10.06.2013 vide Annexure

A-4, his Grade Pay should have been fixed at Rs. 5400/- instead of Grade Pay of

Rs. 4800/-.

4. The applicant submits that the issue as to whether the Grade Pay should be

given on the next promotional post in the hierarchy/cadre or not while granting

financial upgradation under MACP Scheme, was the subject matter before the

Chandigarh Bench and the Principal Bench of this Tribunal wherein it was held

that financial upgradation should be given in the next promotional post. By

placing reliance upon the orders of the Chandigarh Bench of the Tribunal dated

31.05.2011 in O.A. No. 1038/CH/2010 (Raj Pal vs. Union of India & Others) and

the Principal Bench of the Tribunal dated 26.11.2012 in O.A. No. 904/2012

(Sanjay Kumar and Others vs. The Secretary Ministry of Defence, New Delhi and

others), the applicant submitted a representation dated 17.04.2014 vide Annexure

A-6 to the Director General, National Water Development Agency, New Delhi,

requesting to extend similar treatment and to revise his Grade Pay consequent

upon granting the benefit of 2nd financial upgradation under the MACP Scheme,









GOVTEMPDIARY

which came to be rejected by order dated 19th August, 2014 vide Annexure A-1.

Being aggrieved by the action on the part of the respondents in not giving him the

Grade Pay of Rs. 5400/- on extending the benefit of 2nd financial upgradation,

the applicant presented the instant O.A seeking a declaration that the applicant is

entitled to get the Grade Pay of Rs. 5400/- in Pay Band Rs. 15600-39100 (PB-3)

on being granted the 2nd financial upgradation under the MACP Scheme vide

order dated 10.06.2013 vide Annexure A-4 and for a direction to the respondents

to grant the Grade Pay of Rs. 5400/- in Pay Band Rs. 15600-39100 (PB-3) on

being granted the 2nd financial upgradation under the MACP Scheme. He further

prayed for a direction to fix his pay as requested above and grant the arrears of

difference of pay.

5. Pursuant to the notice of the O.A, the respondents entered appearance. Today,

though the matter stands posted for reply of the respondents, the learned counsel

for the respondents, Mr. B. Mishra, submits that in view of the recent judgement

of the Hon’ble High Court of Delhi on the present issue and by applying the same,

the O.A can be disposed of on the same lines.

6. By placing reliance upon the judgements of the Hon’ble High Court of Delhi

dated 04.04.2011 in W.P.(C) No. 3420/2010 in the case of R.S. Sengor & Others

V. Union of India and Others and dated 17.03.2016 in W.P. (C) No. 5082/2013

in the case of Swaran Pal Singh and Others vs. Union of India and Others, Shri

B. Mishra submits that the applicant is not entitled for any relief as prayed for in

the O.A and the O.A deserves to be dismissed.

7. Shri B.A. Vaishnav, learned counsel for the applicant is not a position to

dispute the fact that the issue involved in this O.A has been considered by the

Hon’ble High Court of Delhi in the two cases relied upon by Shri B. Mishra.









GOVTEMPDIARY

8. Perused the pleadings and the documents annexed thereto Shri B.A. Vaishnav,

learned counsel for the applicant argues that on extension of the benefit of 2nd

financial upgradation under the MACP Scheme vide order dated 10.06.2013

(Annexure A-4), the respondents have fixed the Grade Pay of the applicant at Rs.

4800/- instead of Rs. 5400/-. Shri B.A. Vaishnav points out that the next

promotional post of Assistant Executive Engineer carries the Grade Pay of Rs.

5400/- in Pay Band Rs. 15600-39100 (PB-3) as such on granting the 2nd financial

upgradation under the MACP Scheme, the Grade Pay shall be fixed at Rs. 5400/-

and not at Rs. 4800/-. The respondents in their order dated 19.08.2014 rejected

his claim by referring to the provisions of the MACP Scheme contained in Office

Memorandum No. 35034/3/2008-Estt. (D) dated 19.05.2009. Shri B.A. Vaishnav

by placing reliance upon the order of Chandigarh Bench of the Tribunal dated

31.05.2011 in O.A No. 1038/CH/2010 (Raj Pal vs. Union of India & Others) and

the orders of the Principal Bench of the Tribunal dated 26.11.2012 in O.A. No.

904/2012 (Sanjay Kumar and Others vs. The Secretary Ministry of Defence, New

Delhi and others), dated 08.09.2015 in O.A No. 1586/2014 (Vinai Kumar

Srivastav and Another v. East Delhi Municipal Corporation, Delhi and others)

and dated 11.09.2015 in O.A No. 101/2015 (Vikas Bhutani and Others v. Union

of India and Others) argues that the stand of the respondents for rejecting the

claim of the applicant has been negatived in the said orders and as such the

applicant is entitled for the reliefs as sought for in this O.A.

9. The grievance made by the applicant in this O.A is that he is entitled to the

Grade Pay of Rs. 5400/- and highlighted the basis of his claim that his next

promotional hierarchy of post is the Assistant Executive Engineer in the Pay Band

of Rs. 15600-39100 with Grade Pay of Rs. 5400/-









GOVTEMPDIARY

10. Shri B. Mishra, learned counsel for the respondents submits, that the

respondents have correctly granted the MACP benefit by upgrading the Grade

Pay of Rs. 4600/- to Rs. 4800/-.

11. In view of the rival submissions of the learned counsel for the parties, the

question that arises for our consideration is as under :

” Whether the hierarchy contemplated by the MACP Scheme is in the

immediately next higher Grade Pay or is it in the Grade Pay of the next above

Pay Band”.

12. Shri B. Mishra learned counsel for the respondents points out that an identical

question has been articulated by the Hon’ble High Court of Delhi in W.P. (C) No.

3420/2010, R.S. Sengor & Others v. Union of India and Others, decided on

04.04.2011. We have carefully gone through the said judgement. We notice that

the Hon’ble High Court of Delhi in R.S. Sengor & Others v. Union of India and

Others articulated identical issue and the same is at para 10 of the judgement. It

reads as :

10. The question would be whether the hierarchy contemplated by the MACPS is

in the immediately next higher Grade Pay or is it the Grade Pay of the next above

Pay Band.”

The above question is answered by the Hon’ble High Court of Delhi at para 11

of the said judgement, which reads as under :

“11. Whatever may be the dispute which may be raised with reference to the

language of paragraph 2 of the MACPS the illustration as per para 4 of Annexure

I to the OM, contents whereof have been extracted hereinabove, make it clear that









GOVTEMPDIARY

it is the next higher Grade Pay which has to be given and not the Grade Pay in

the next hierarchical post and thus we agree with the respondents that Inspectors

have to be given the Grade Pay after 10 years in sum of Rs. 4800/- and not Rs.

5400/- which is the Grade Pay of the next Pay Band and relatable to the next

hierarchical post. To put it pithily, the MACPS Scheme requires the hierarchy of

the Grade Pays to be adhered to and not the Grade Pay in the hierarchy of posts.”

13. Shri B. Mishra further drew our attention to para 11 of a recent judgement

dated 17.03.2015 in W.P (C) No. 5082/2013, Swaranpal Singh and Others v.

Union of India and Others on the file of the Hon’ble Delhi High Court by which

the view in R.S. Sengor (supra) was reiterated. It reads as under:

“11.Questions that would essentially arise for determination in this case are

whether the benefit under MACPS can be claimed to the pay band applicable to

the next promotional post in the hierarchy on the ground of seniors getting lesser

pay than their juniors who have availed such scale of the promotional post under

the ACP Scheme; whether Section-II Part-A of the 1st Schedule to the Railway

Services(Revised Pay) Rules,2008 prescribe minimum pay and the petitioners by

application thereof become entitled to stepping up of their pay in case their pay

scales/Pay Band fixed in terms of Rule 7 is less than the minimum pay so

prescribed.”

On a careful reading of the judgement of the Hon’ble High Court of Delhi

Swaranpal Singh and Others v. Union of India and Others,we find that the

Hon’ble High Court answered the above question at para 19 of the said

judgement, which reads as:









GOVTEMPDIARY

19.The grievance of the petitioners as made,is however,contrary to the

fundamental concept on which MACPS introduced through the 6th Central Pay

Commission operates.A bare reading of paragraph 2 of the MACPS would make

it clear that it is the next higher Grade Pay which has to be given and not the

Grade Pay in the next hierarchical post,as was available under the ACP Scheme

with reference to the pay scale of the next above hierarchical post.It is not in

dispute that MACPS supersedes ACP Scheme which was in force till August

31,2008. Therefore,after August 31,2008 any financial upgradation would be

confined to placemenr in the immediate next higher grade pay in the hierarchy of

the recommended revised Pay Band. The use of word ‘merely’ in para 2 of the

Scheme supports this interpretation. Paragraph 2 further clarifies that the higher

Grade Pay attached to the next promotional post in the hierarchy of the concerned

cadre/organization will be given only at the time of regular promotion. Therefore,

the claim that the petitioners should also be placed in the replacement Pay Band

applicable to the next promotional post in the hierarchy as was available under

the ACP Scheme is misplaced.”

14. At para 20 of the said judgement, their Lordships were pleased to note that

the very same issue had come up for consideration before this court in W.P.(C)

No.3420/2010 in the case of R.S.Sengor & Others v. Union of India and Others,

decided on 04.04.2011. Their Lordships quoted:

20. This very issue had come up for consideration before this Court in W.P.(C)

No.3420/2010 R.S.Sengor & Ors. Vs. Union of India & Ors.decided on April

04,2011. In said case the petitioners were in Pay Band-1 and had a corresponding

grade pay of Rs.1900/-. The next hierarchical post was also in Pay Band-1 but

had a grade pay of Rs.2400/-. The petitioners therein claimed that since the next

hierarchical post had a pay band of Rs.2400/-. However, what the respondents in









GOVTEMPDIARY

that case had done was to grant the petitioner therein the grade pay of Rs.2000/-

which was the next higher grade pay though, not the grade pay corresponding to

the next hierarchical post. Dismissing the writ petition the Division Bench held

as under:-

“10. The question would be whether the hierarchy contemplated by the MACPS

is in the immediately next higher Grade Pay or it the Grade Pay of the next above

Pay Band.

“11. Whatever may be the dispute which may be raised with reference to the

language of paragraph 2 of the MACPS the illustration as per para 4 of Annexure

I to the OM, contents whereof have been extracted hereinabove, make it clear that

it is the next higher Grade Pay which has to be given and not the Grade Pay in

the next hierarchical post and thus we agree with the Respondents that Inspectors

have to be given the Grade Pay after 10 years in sum of Rs.4800/- and not

Rs.5400/- which is the Grade Pay of the next Pay Band and relatable to the next

hierarchical post. To put it pithily, the MACPS Scheme requires the hierarchy of

the Grade Pays to be adhered to and not the Grade Pay in the hierarchy of posts.”

15. By referring to the fact that the view in R.S.Sengor was followed by another

Division Bench of this Court in the decision reported as 193(2012) DLT.577,

Union of India Vs. Delhi Nurses Union (Regd.) and Anr., at Para 22 of the said

judgement, it was held as under:

“22. Therefore, merely because others who have been granted financial

upgradation in the pay scale of the promotional post in the hierarchy under the

ACP Scheme and by operation of para 6 of MACPS, their pay is fixed with

reference to the pay scale granted to them under the ACP Scheme; the petitioners









GOVTEMPDIARY

would not get any right to be placed in such scales, since the language of the

scheme makes it clear that the financial upgradation under ACP/MACPS are

different than regular promotions in the grade.”

The claim of the petitioners before the Hon’ble High Court of Delhi in R.S.Sengor

and Others (supra) and Swaran Pal Singh and Others (supra) is identical to that

of the claim of the applicant in this O.A , as such, in view of the findings of the

Hon’ble High Court of Delhi on the issue at hand, one has to agree with the

argument of Shri.B.Mishra, learned counsel for the respondents.

16. Before agreeing with the argument of Shri B.Mishri, learned counsel for the

respondents, it is necessary for us to deal with the argument of Shri

B.A.Vaishnav, learned counsel for the applicant. As already observed, in support

of the claim of the applicant, he places reliance upon the following orders:

(i) Order dated 31.05.2011 in O.A. No.1038/CH/2010 in the case of Raj Pal vs.

Union of India and Others on the file of Chandigarh Bench of the Tribunal;

(ii) Order dated 26.11.2012 in O.A. No.904/2012 in the case of Sanjay Kumar vs.

Union of India and Others on the file of Principal Bench of CAT, New Delhi;

(iii) Order dated 11.09.2015 in O.A. No.101/2015 in the case of Vikas Bhutani

and Others vs. Union of India and Others on the file of Principal Bench of CAT,

New Delhi;

(iv) Order dated 08.09.2015 in O.A.No.1589/2014 in the case of Vinai Kumar

Srivastav vs. East Delhi Municipal Corporation and Others on the file of Principal

Bench of CAT, New Delhi.









GOVTEMPDIARY

Shri.B.A.Vaishnav also points out the order of the Chandigarh Bench of this

Tribunal in O.A.No.1038/CH/2010 was subjected matter before the Hon’ble

Punjab and Haryana High Court in CWP No. 19387/2011 and the Hon’ble High

Court of Punjab and Haryana confirmed the order passed in Raj Pal’s case. He

further points out that the SLP [(CC) 7467/2013] preferred against the order of

Hon’ble High Court of Punjab and Haryana was dismissed by the Hon’ble

Supreme Court by judgement dated 15.04.2013 and the matter has attained

finality. He argues that in view of the fact that the judgement of the Hon’ble High

Court of Punjab and Haryana was subject matter before the Hon’ble Supreme

Court in the said SLP, which came to be decided by the Hon’ble Supreme Court

by judgement dated 15.04.2013, the submission of Shri B.Mishra cannot be

entertained. The thrust of Shri B.A.Vaishnav is that the judgement of the Hon’ble

High Court of Punjab and Haryana is to be preferred to that of the Hon’ble High

Court of Delhi in view of dismissal of SLP. At this juncture, Shri B.Mishra brings

to our notice that the order of Hon’ble Supreme Court in SLP[(CC) 7467/2013]

is not on merits but on the ground of delay and laches. In this regard, we may also

mention that an identical matter to that of Raj Pal (supra) was the subject matter

before the Ernakulam Bench of the Tribunal in O.A. No.816/2012 and the

Hon’ble Tribunal allowed the same vide order dated 29.01.2013 by following the

order of the Chandigarh Bench dated 31.05.2011 in O.A. No. 1038/CH/2010,

affirmed by the Punjab and Haryana High Court in its judgement dated

19.10.2011 in CWP No. 19387/2011. The said order of the Ernakulam Bench in

O.A. No. 816/2012 was challenged before the Hon’ble High Court of Kerala in

OP(CAT) No. 2000 of 2013 which came to be confirmed vide its judgement dated

24.06.2013. The judgement of the Hon’ble High Court of Kerala in O.P. No.

2000/2013 was challenged by the Union of India before the Hon’ble Supreme

Court in SLP (C) No. 21813/2014 [CC No.10791 of 2014] and the Hon’ble

Supreme Court by the order dated 08.08.2014 was pleased to stay the judgement









GOVTEMPDIARY

of Hon’ble High Court of Kerala and the matter is still pending consideration of

the Hon’ble Supreme Court. By referring to this fact Shri B.Mishra argures that

it cannot be said that the Hon’ble Supreme Court laid down any law while

dismissing the said SLP (CC) 7467/2013 by the judgement dated 15.04.2013. In

other words, the order of the Hon’ble Supreme Court in SLP [(CC) 7467/2013]

is not on the merits of the matter but is only on the ground of delay and laches.

Hence what can be argued is that the judgement of the Hon’ble Supreme Court

in Raj Pal’s case binds only to the parties to the same. It cannot be

regarded/treated as a precedent. We are in agreement with the argument of Shri

B.Mishra particularly in view of the fact thar the Hon’ble Supreme Court was

pleased to stay the judgement of the Kerala High Court in O.P. No.2000/2013 and

the matter is still pending.

17. Now the next question before us is that in view of the conflicting view of the

Hon’ble High Court of Delhi and thr Hon’ble High of Punjab and Haryana, we

are in dilemma as to which of the judgements are to be preferred to that of another

Neither of the learned counsel is placing reliance upon any of the judgement of

Hon’ble Gujarat High Court in support of their respective claims. To answer this

problem, we may usefully refer to the Full Bench judgement of this Tribunal in

O.A. No. 555/2001, Dr. A.K.Dawar v. Union of India and Others, on the file of

the Principal Bench of this Tribunal. n Dr. A.K. Dawar, the Principal Bench was

considering the situation arising out of conflicting decisions of Hon’ble High

Court. It referred to the decisions in M/s East India Commercial C.o. Ltd.,

Calcutta and Another v. Collector of Customs, Calcutta, AIR 1962 SC 1893,

Bhagaban Sarangi (supra) IPCL and Another v. Shramik Sena (2001) 7 SCC 469

and Director General (I&R) v. Holy Angels Schools, 1998 CTJ 129 (MRTPC). It

held:









GOVTEMPDIARY

“17.Consequently, we hold:-

1. that if there is a judgement of the High Court on the point having territorial

jurisdiction over this Tribunal, it would be binding:

2. that if there is no decision of the High Court having territorial jurisdiction on

the point involved but there is a decision of the High Court anywhere in India,

this Tribunal would be bound by the decision of that High Court;

3. that if there are conflicting decisions of the High Courts including the High

Court having the territorial jurisdiction, the decision of the Larger Bench would

be binding, and

4. that if there are conflicting decisions of the High Courts including the one

having territorial jurisdiction the following the ratio of the judgement in the case

of Indian Petrachemicals Corporation Limited (supra), this Tribunal would be

free to take its own view to accept the ruling of either of the High Courts rather

than expressing third point of view.”

Thus, in view of the decision of the Full Bench in Dr. A.K.Dawar (supra), by

following the judgement in Indian Petrochemicals Corporation Limited (supra)

we are free to take our own view to accept the rulings of either the Hon’ble High

Court of Delhi and Hon’ble High Court of Punjab and Haryana. At this juncture,

we may also observe that among the rulings relied upon the parties, the judgement

of Hon’ble High Court of Delhi in W.P. (C) No.3420/2010 in the case of

R.S.Sengor & Others vs. Union of India and Others is the oldest one, i.e. dated

04.04.2011. The order of the Chandigarh Bench of the Tribunal in the case of Raj

Pal vs. Union of India and Others in O.A. No. 1038/CH/2010 was decided later.

In other words, as on the date of decision of the Chandigarh Bench of the Tribunal

in Raj Pal, the judgement of Hon’ble High Court of Delhi was very much avaible

and if it refers to the issue involved in this O.A, then the judgement in Raj Pal is









GOVTEMPDIARY

per incuriam. Hon’ble High Court of Punjab and Haryana did not refer to the

judgement of Hon’ble High Court of Delhi in the case of R.S.Sengor while

dealing with the CWP No. 19387/2011 (supra). In view of this position and also

in view of the guidelines of the Full Bench of the Tribunal (Principal Bench) in

Dr. A.K.Dawar (supra), we accept the ruling of the Hon’ble High Court of Delhi

in R.S.Sengor (supra) which was consistently followed by it in Swaran Pal Singh

(supra) and also in Union of India vs. Delhi Nurses Union (Regd) and Another

reported at 193 (2012) DLT 577. We may also observe that the Hon’ble Supreme

Court in the case of Government of Tamil Nadu vs. S.Arumugam & Ors. held

that the Courts cannot substitute their own views of the Government or direct a

new policy based on the court’s view. Further, Hon’ble Supreme Court in the case

of Secretary, Govt, (NCT of Delhi) & Others v. Grade-I DASS Officers

Association & Others, 2014 (13) SCC 296, while considering ACP Scheme held

that the scheme being a policy decision of the Government, the Court will not

interfere with the same.

18. We have also carefully persued the Office Memorandum dated 19.05.2009 by

which the Government has introduced the MACP Scheme. Paras 2,8 and 8.1 of

the MACP Scheme are relevant and they are noted as under:

“2. The MACPS envisages merely placement in the immediate next higher grade

pay in the hierarchy of the recommended revised pay bands and grade pay as

given in Section I, Part-A of the first schedule of the CCS(Revised Pay) Rules,

2008. Thus, the grade pay at the time of financial upgradation under the MACPS

can, in certain cases where regular promotion is not between two successive

grades, be different than what is available at the time of regular promotion. In

such cases, the higher grase pay attached to the next promotion post in the

hierarchy of the concerned cadre/organization will be given only at the time of









GOVTEMPDIARY

regular promotion.

8. Promotions earned in the post carrying same grade pay in the promotional

hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS.

8.1 Consequent upon the implementation of Sixth CPC’s recommendations,

grade pay of Rs.5400/- is now in two pay bands viz., PB-2 and PB-3. The grade

pay of Rs.5400/-in PB-2 and RS.5400/-in PB-3 shall be treated as separate grade

pays for the purpose of grant of upgradations under MACP Scheme.”

19. Annexure I to the DOPT OM dated 19.5.2009, vide illustration 4 clarifies as

under:-

“In case a Govt. servant joins as a direct recruits in the Grade Pay of Rs.1,900/-

in Pay Band-I Rs.5,200-20,200/- and he gets no promotion till completion of 10

years of service, he will be granted financial upgradation under MACP Scheme

in the next higher Grade Pay of Rs.2,000/- and his pay will be fixed by granting

him one increment + difference of grade pay (i.e. Rs.100/-). After availing

financial upgradation under MACP scheme, If the Govt. servant gets his regular

promotion in the hierarchy of his cadre, which is to the Grade of Rs.2400/-, on

regular promotion, he will only be granted the difference of Grade Pay of between

Rs.2,000/- and Rs.2,400/-. No additional increment will be granted at this stage.”

A combined reading of the above stipulations in the MACP Scheme would lead

to a irresistible conclusion that it is the next higher Grade Pay which has to be

given and not the Grade Pay in the hierarchical post and thus we agree with the

respondents that the applicant has to be given the Grade Pay in a sum of Rs.4800/-

and not Rs.5400/- which is the Grade Pay of the next Pay Band and relatable to

the next hierarchical post.









GOVTEMPDIARY

20. In view of the foregoing, we do not find fault with the action on the part of

the respondents in granting the Grade Pay of Rs.4800/- while extending the

benefit of 2nd financial upgradation under the MACP Scheme and consequently,

the question of any direction as sought by the applicant does not arise. The O.A

deserves to be dismissed. Accordingly, the same is dismissed with no order as to

costs.

(K.N. SHRIVASTAVA)

ADMINISTRATIVE MEMBER

(M. NAGARAJAN)

JUDICIAL MEMBER

Original copy







http://www.govtempdiary.com/wp-content/uploads/2016/03/22034_04_2013-Estt.D-01032016A-1.pdf



GOVTEMPDIARY

Strengthening of administration - Periodical Review under FR 56

(j) and Rule 48 of CCS (Pension) Rules, 1972 : Composition of

Representation Committee

No.25013/01/2013-Estt.A-IV

Government of India



Establishment A-IV Desk


Dated 1st March, 2016

OFFICE MEMORANDUM

Subject :- Strengthening of administration — Periodical Review under FR

56 (j) and Rule 48 of CCS (Pension) Rules, 1972 : Composition of

Representation Committee.

The undersigned is directed to refer to para 12 of DoP&T’s O.M. of even number

dated 11.09.2015 on the above mentioned subject and to say that the

Representation Committee for officers below Secretary level in Ministries /

Departments of Government of India will be as follows:-

(i) A Secretary to be nominated by the Cabinet

Secretary;http://www.govtempdiary.com/wp-

content/uploads/2016/03/25013_01_2013-Estt.A-IV-01032016.pdf

(ii) One nominee of the Cabinet Secretary of AS / JS level : and

(iii) One representative of Cadre Controlling Authority, to be nominated by its

Secretary.







http://www.govtempdiary.com/wp-content/uploads/2016/03/25013_01_2013-Estt.A-IV-01032016.pdf

http://www.govtempdiary.com/wp-content/uploads/2016/03/25013_01_2013-Estt.A-IV-01032016.pdf



GOVTEMPDIARY

2. A request to constitute the Committee may be sent to Cabinet Secretariat in

case of receipt of representation from any Government servant whom the

Appointing Authority has decided to retire under FR 56 (j) and Rule 48 of CCS

(Pension) Rules, 1972.

(Mukesh Chaturvedi)

Director (Establishment)

Tel. 23093176









GOVTEMPDIARY

Finance









GOVTEMPDIARY

Table of contents


1 No. Fin(C) -B(7)-2/2006

23.03.2016

Grant of Dearness Allowance to the

employees of the State Government w.e.f.

01.07.2015

2 No. Fin (Pen) B (10) -

6/98-III

22.03.2016

Grant of Dearness Relief to Himachal

Pradesh Government Pensioners/ Family

Pensioners-Revised rate effective from

01.07.2015

3 F.No. 1/04/2016-NS.II

18.03.2016

Revision of interest rates for Small

Savings Schemes

4 CPAO/IT & Tech/Jeevan

Praman/2015-16/1776

10.03.2016

Aadhaar based Digital Life Certificate

(Jeevan Pramaan)-10-03-2016

5 No.25013/1/2016-Estt.A-

IV

11.03.2016

Strengthening of Administration by

periodical review under FR 56(j) :

Autonomous Institutions reg

6 CPAO/Tech/Jeevan

Pramaan/2015-16/1770

07.03.2016

Preparation of list of Government servants

due to retire along with their Aadhaar

numbers and incorporation of Aadhaar

number in PPO Booklet

6 CPAO/IT &

Tech/Revision Pre-

2006/2015-16/1769

03.03.2016

Restoration of 1/3rd commuted portion of

pension in respect of Government servants

who had drawn lump sum payment on

absorption in Central Public Sector

Undertakings/Central Autonomous









GOVTEMPDIARY

Bodies-Stepping up of notional full

pension w.e.f. 01.01.2006 for the purpose

of Dearness Relief and additional pension

for old pensioners









GOVTEMPDIARY

Grant of Dearness Allowance to the employees of the State

Government w.e.f. 01.07.2015.

No. Fin(C) -B(7)-2/2006

Government of Himachal Pradesh

Finance (Regulations) Department

Shimla – 171002

Dated : the 23rd March, 2016

OFFICE MEMORANDUM

Subject:- Grant of Dearness Allowance to the employees of the State

Government w.e.f. 01.07.2015.

1. In continuation of this Department’s OM of even number dated the 25th

August, 2015, the Governor, Himachal Pradesh, is pleased to enhance

Dearness Allowance from the existing rate of 113% to 119% with effect

from 01.07.2015 in respect of the employees of the State Government.

2. This additional installment of Dearness Allowance of 6% (Six percent)

shall be paid in cash with the salary of March, 2016 payable in April, 2016

and the arrears accrued from 01.07.2015 to 29.02.2016 shall be credited in

the GPF Account of the employees with the salary of March, 2016. The

interest on this account shall accrue w.e.f. 1st April, 2016.

3. In the case of Government employees who have retired in between or who

have closed GPF Accounts and employees who are governed under

Contributory Pension Scheme, the arrears on account of release of

additional installment of DA w.e.f. 01.07.2015 will be paid in cash with

salary of March, 2016 payable in April, 2016.









GOVTEMPDIARY

4. Other terms and conditions as contained in OM of even number dated 26th

August, 2009 shall continue to be applicable.

5. These orders will be applicable only to the regular employees covered by

HP Civil Services (Revised Pay) Rules, 2009, HP Civil Services

(Category/Post-wise Revised Pay) Rules, 2012 and work charged

employees working in Government departments. These orders will also

apply to members of All India Services Officers, HP Judicial Services

Officers and State Government employees covered by UGC Pay Scales.

6. The payment on account of Dearness Allowance involving fraction of 50

paise and above may be rounded off to the next higher rupee and the fraction

of less than 50 paise may be ignored.

7. As far as the PSUs/ Universities/ Autonomous Bodies/ Boards etc. are

concerned, the managements of these PSUs/ Universities/ Autonomous

Bodies/ Boards etc. would take an appropriate decision in this regard,

considering the availability of resources in their organizations.

8. Please see these orders on www.himachal.gov.in/finance/

Deputy Secretary (Finance) to the


Original copy







http://www.7thpaycommissionnews.com/wp-content/uploads/2016/03/1458717271.pdf



GOVTEMPDIARY

Grant of Dearness Relief to Himachal Pradesh Government

Pensioners/ Family Pensioners-Revised rate effective from

01.07.2015.

No. Fin (Pen) B (10) -6/98-III


Finance (Pension) Department

*************

Dated: Shimla – 171002, the 22/3/2016

OFFICE MEMORANDUM

Subject:- Grant of Dearness Relief to Himachal Pradesh Government

Pensioners/ Family Pensioners-Revised rate effective from 01.07.2015.

1. The undersigned is directed to refer to this department’s O.M. No. Fin

(Pen)B (10)-6/98-III, dated 25th August, 2015 sanctioning one instalment

of dearness relief with effect from 01.01.2015 and to say that the Governor,

Himachal Pradesh is pleased to decide that dearness relief payable to the

Himachal Pradesh Government Pensioners/ Family Pensioners shall be

enhanced from existing rate of 113% to 119% w.e.f. 01.07.2015.

2. Payment of Dearness relief involving a fraction of a rupee shall be rounded

off to the next higher rupee.

3. Other provisions governing grant of dearness relief to pensioners such as

regulation of dearness relief during employment/ re-employment, regulation

of dearness relief where more than one pension is drawn etc., will remain

unchanged.









GOVTEMPDIARY

4. These orders shall apply to all H.P. Government Pensioners/ Family

pensioners.

5. As dearness relief will now be at a uniform rate, it has been decided to

dispense with the issue of enclosing ready reckoner alongwith the dearness

relief orders. It will be the responsibility of the pension disbursing authority,

including the Nationalized Banks, etc. to calculate the quantum of dearness

relief payable in each individual case.

6. The Dearness Relief on pension & family pension @ 119% will be paid with

the pension/family pension for the month of March, 2016 payable in the

month of April, 2016. The arrears accrued on account of dearness relief

w.e.f. 01.07.2015 to 29.02.2016 shall be paid in cash in one instalment along

with pension/family pension for the month of April, 2016 payable in month

of May, 2016.

7. The Accountant General, Treasury Officers and authorized Public Sector

Banks are requested to arrange the payment of Dearness Relief to pensioners

on the basis of these orders.

By Order

Addl. Chief Secretary (Finance) to the


Original copy







http://www.7thpaycommissionnews.com/wp-content/uploads/2016/03/1458717304-1.pdf



GOVTEMPDIARY

Revision of interest rates for Small Savings Schemes

F.No. 1/04/2016-NS.II

Government of India

Ministry of Finance

Department of Economic Affairs

(Budget Division)



OFFICE MEMORANDUM

Subject: Revision of interest rates for Small Savings Schemes.

The undersigned is directed to refer to this Department’s OM of even number

dated 16th February, 2016, vide which the various decisions taken by the

Government regarding interest fixation for small savings schemes were

communicated to all concerned.

2. On the basis of the decisions of the Government, interest rates for small savings

schemes are to be notified on quarterly basis. Accordingly. the rates of interest

on various small savings schemes for the first quarter of financial year 2016-17,

on the basis of the interest compounding/payment built-in in the schemes, shall

be as under:

Instrument

Rate of interest

w.e.f

. 01.04.2015 to 31.3.2016

Rate of

interest w.e.f.

01.04.2016 to

30.6.2016

Savings Deposit 4.0 4.0









GOVTEMPDIARY

1 Year Time Deposit 8.4 7.1




5 Year Recurring Deposit 8.4 7.4

5 Year Senior Citizens Sav

ings Scheme 9.3 8.6

5 year Monthly Income

Account Scheme 8,4 7.8

5 Year National Savings

Certificate 8.5 8.1

Public Provident Fund Scheme 8.7 8.1

Kisan Vikas Petra 8.7

7.8

(will matu

re in 110

months)

Sukanya Samriddhi Account

Scheme 9.2 8.6

Original copy







http://www.govtempdiary.com/wp-content/uploads/2016/03/Revision_SSS_RoI_18032016.pdf



GOVTEMPDIARY

Aadhaar based Digital Life Certificate (Jeevan Pramaan)-10-03-

2016

Government Of India

Ministry Of Finance

Department Of Expenditure

Central Pension Accounting Office

Trikoot-Ii, Bhikaji Cama Place

New Delhi – 110 066

Phones:26174596,26174456,26174438

CPAO/IT & Tech/Jeevan Praman/2015-16/1776

10-03-2016

Office Memorandum

Subject: Aadhaar based Digital Life Certificate (Jeevan Pramaan).

A reference is invited to this office O.M.CPAO/Tech/Jeevan Pramaan/2014-

15/218-259 dated 20/03/2015 (Copy enclosed) on the above mentioned subject

whereby all the banks were advised to seed the pensioners’ Aadhaar numbers

with their PPO and bank accounts so that online biometric authentication system

of submission of life certificate Jeevan Pramaan may be implemented

successfully. This task was to be completed before November, 2015. However,

status report of the quarter ending December, 2015 reveals that only 44.54% of

pension accounts were seeded which slightly increased during january &

February 2016. As on 04.03.2016 48.80% of total pension accounts have been

seeded which is much below the target of hundred percent seeding.









GOVTEMPDIARY

Further the status report of Aadhaar seeding for quarter ending September, 2015,

December, 2015 and period endind 4th March, 2016 reveals that only eight banks

have shown further progress with reference to the status report of

September,2015. As this is continues process and should not be stopped, Banks

should pursue the matter with pensioners by making them aware of the benefits

of registering their Aadhaar numbers to banks so that they voluntarily register

their Aadhaar numbers with banks. Banks should invariably send weekly progress

reports to CPAO on each Friday as already advised to them.

Therefore, all the banks are advised to make further efforts to increase the

Aadhaar seeding of Pensioners accounts. It may also be ensured that for all fresh

PPOs having Aadhaar numbers, sent from CPAO, Aadhaar seeding of pensioners

account with Aadhaar number is done.

Further, the status of seeding of Aadhaar numbers may invariably be shown in

the e-scrolls, Format-F and updated master data.

Sd/-

(Subhash Chandra)

Controller Of Accounts

Ph. 011- 26174809

Original copy







http://www.govtempdiary.com/wp-content/uploads/2016/03/cpao_it_tech_jeevan_praman_1776.pdf



GOVTEMPDIARY

Strengthening of Administration by periodical review under FR

56(j) : Autonomous Institutions reg

No.25013/1/2016-Estt.A-IV

Government of India




Dated 11th March, 2016

OFFICE MEMORANDUM

Subject :- Strengthening of Administration by periodical review under FR

56(j) : Autonomous Institutions reg.

The undersigned is directed to refer to DoP&T’s OM No. 25013/01/2013-Estt.A-

IV dated 11.9.2015 and 01.03.2016 and to say that in so far as Autonomous

Institutions are concerned, the following have been decided:-

(i) Where the Autonomous Institutions have adopted the provisions of FR 56 (j),

Administrative Ministry may ensure that they are strictly followed;

(ii) Where the Autonomous Institutions have similar provisions in their rule

books, the Administrative Ministry may ensure that they are followed in letter

and spirit; and

(iii) Where no such provisions exist, the Administrative Ministry may ensure that

the action is taken to put in place such rules as may be necessary.









GOVTEMPDIARY

(Surya Narayan Jha)

Under Secretary to the Government of India

Original copy







http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_1_2016-Estt.A-IV-11032016.pdf

http://www.govtempdiary.com/7th-pay-commission-pension-arrears-calculator-2016



GOVTEMPDIARY

Restoration of 1/3rd commuted portion of pension in respect of

Government servants who had drawn lump sum payment on

absorption in Central Public Sector Undertakings/Central

Autonomous Bodies-Stepping up of notional full pension w.e.f.

01.01.2006 for the purpose of Dearness Relief and additional

pension for old pensioners.

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

DEPARTMENT OF EXPENDITURE

CENTRAL PENSION ACCOUNTING OFFICE

TRIKOOT-II, BHIKAJI CAMA PLACE,

NEW DELHI – 110066

PHONES: 26174596, 26174456, 26174438

CPAO/IT & Tech/Revision Pre-2006/2015-16/1769

03.03.2016

Office Memorandum

Subject :- Restoration of 1/3rd commuted portion of pension in respect of

Government servants who had drawn lump sum payment on absorption in Central

Public Sector Undertakings/Central Autonomous Bodies-Stepping up of notional

full pension w.e.f. 01.01.2006 for the purpose of Dearness Relief and additional

pension for old pensioners.

Attention is invited to DP&PW OM No. 4/38/2008-P&PW (D) dated 17.02.2016

(copy enclosed) on the captioned subject.









GOVTEMPDIARY

All Pr. CCAs/CCAs/CAs and Accountants General/Administrators of UTs are

requested to take up the revision of pensions of these pensioners on priority basis.

A list containing Ministry/PAO wise number of such cases is enclosed herewith.

Further, the list of PPO numbers of such cases are already provided on CPAOs

website www.apao.nic.in for downloading by respective offices by using login

and password provided by CPAO.

Apart from above cases, some more cases falling under above category may also

come to the notice for revision of pension by Ministries/Deptts. In this context,

Pay & Accounts Offices may check their records for any such additional cases

requiring revision.

All Pr. CCAs/CCAs/CAs/Administrators of UTs and Accountants General may

issue necessary instructions to their PAOs dealing with revision of pensions to

take necessary action for revision of such cases on priority basis.

This issues with the approval of Competent Authority.

Encl:- As above

(Vijay Singh)

Sr. Accounts Officer (IT & Tech)

Ph. No. 011-26166758

Original copy







http://www.govtempdiary.com/wp-content/uploads/2016/03/cpao_it_tech_rev_pre-2006_2015-16_1769.pdf



GOVTEMPDIARY

Preparation of list of Government servants due to retire along

with their Aadhaar numbers and incorporation of Aadhaar

number in PPO Booklet

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

DEPARTMENT OF EXPENDITURE

CENTRAL PENSION ACCOUNTING OFFICE

TRIKOOT – II, BHIKAJI CAMA PLACE,

NEW DELHI – 110066

PHONES: 26174596, 26174456, 26174438

CPAO/Tech/Jeevan Pramaan/2015-16/1770

07.03.2016

Office Memorandum

Subject:- Preparation of list of Government servants due to retire along with

their Aadhaar numbers and incorporation of Aadhaar number in PPO

Booklet.

Reference:- (i) OM No. CPAO/Tech/Jeevan Pramaan/2015-16/305 dated-

02.06.2015.

(ii) OM No. CPAO/Tech/Jeevan Pramaan/2015-16/662 dated-10.07.2015.

A reference is invited to earlier OMs issued on the captioned subject as

mentioned above. Through these OMs, all Heads of Offices were requested

were requested to ensure that wherever available Aadhaar No. is provided to

their Pay & Accounts Offices along with pension papers of the retiring









GOVTEMPDIARY

government servants. In this regard, provisions have already been made in

CAM-52 (PPO Booklet) by adding the following columns after existing column

No.5.

6. Permanent Account Number for Income Tax (PAN)

7. Aadhaar No. (if Available)

8. Mobile No. (if Available)

9. E-Mail ID (if Available)

2. It is reiterated that to avoid any delay in finalizing the pension cases, all the

Head of Offices should have first-hand information of the Aadhaar number while

preparing the list of retiring government officials as per the provision of Rule 56

of CCS (Pension) Rules and should provide the same to the Accounts Officer

concerned not later than 31st January, 30th April, 31st July or 31st October of

that year.

3. Reports on the fresh PPOs received from the different PAOs reveal that the

trend of incorporating Aadhaar numbers in fresh PPOs is not encouraging.

Quarterly trends reveal that during July-September, 2015 only 8.55 percent fresh

pension cases had Aadhaar numbers which only marginally increased to 9.70

percent in October-December, 2015 and drastically gone down to only 4.21

percent during January-February, 2016. This underlines the need of close

monitoring of mentioning of Aadhaar numbers in fresh PPOs.

4. In order to achieve the objective of seeding of Aadhaar number with maximum

number of fresh PPOs, all Pr. CCAs/CCAs/CAs/AGs/Administrators of UTs are

once again requested to ensure that all fresh PPOs are sent to CPAO with Aadhaar

numbers wherever available and quarterly list of would be retirees as mentioned

in para 2 above also mention Aadhaar numbers.









GOVTEMPDIARY

(Subhash Chandra)

Controller of Accounts

Ph: 011-26174809

Original copy







http://www.govtempdiary.com/wp-content/uploads/2016/03/cpao_tech_jeevan_pramaan_2015-16.pdf



GOVTEMPDIARY

Defence









GOVTEMPDIARY

Table of contents

S. No Order no / Date Title

1 No.PT/3088/CGDA/Vol-V

12.03.2016

Tax benefit available under National

Pension System (NPS)

2 No.Per/I/ACP/MACP/2016

07.03.2016

Workshop for uniform implementation

of ACP/MACP instructions at

NADP,Ambajhari on 8th & 9th May,

2015









GOVTEMPDIARY

Tax benefit available under National Pension System (NPS)

Office of the Principal Controller of Defence Accounts (Central Command)

Cariappa Road, canntt.,

Lucknow, Pin Code – 226002

Office Phone No.0522-2451547

Office Fax No.0522-2451993

No.PT/3088/CGDA/Vol-V

Dated: 12-03-2016

Sub: Tax benefit available under National Pension System (NPS)

Ref: HQr Office letter No.AT-II/NPS/Corr-XI dated 07-03-2016.

A copy of letter cited under reference alongwith PFRDA, New Delhi File

No.PFRDA/23/CORPG/20/5 dated 25/02/2016 on the subject matter is

forwarded herewith for your information and necessary action.

Sd/-

ACDA (PT)

Controller General of Defence Accounts

ULAN BATAR ROAD, PALM, DELHI CANTT – 10

No.AT-II/NPS/Corr XI

Dated 07-03-2016

To

PCDA (CC)

Lucknow

Sub: Tax benefit available under National Pension System (NPS)

A Copy of the PFRDA, New Delhi File No.PFRDA/23/CORPG/20/5 dated

25.02.2016 received under Ministry of Defence, DAD Coord UO No.MoD









GOVTEMPDIARY

I.No.10(3)/C/2016(584) (TK-II) dated 03.03.2016 on the subject is forwarded

herewith for information and necessary action please.

Sd/-

For CGDA

PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY

B- 14/A, Chhatrapati shivaji Bhawan

Qutab Institutional Area,

Katwaria Sarai, New Delhi – 110 016

Phone: 011-26517503

Fax:011 – 26517507

Website: www.pfrda.org.in

PFRDA/23/CORP/20/5

25th February, 2016

Dear sir,

Subject: Tax benefit available under National Pension System (NPS)

You would be aware that under the National Pension System (NPS), the

subscribers can avail of tax benefit under Sec 80Cc D(1), up to 10% of their salary

(Basic+DA) which is capped at Rs.1.50 lakhs under section 80CCE. From FY

2015-16, an additional tax deduction over and above the Rs.1.5 Lakhs, is

available only to subscribers of NPS if they invest upto Rs.50,000 in NPS under

Sec 80CCD(IB) of the Income Tax Act. any citizen of India including persons

covered under old defined benefit pension scheme can open NPS account on

voluntary basis and avail of the tax benefits u/s 80 CCD (IB) by contributing

additionally Rs.50,000/- to NPS.









GOVTEMPDIARY

2. This additional tax benefit on investment upto Rs.50000/- provides an

opportunity not only to those employees who are mandatorily covered under

NPS, but also to all other employees who may be covered under old pension

scheme/provident fund/superannuation fund, as well as to any other Indian citizen

between 18 to 60 years of age, to avail of this tax benefit by opening an NPS

account on voluntary basis and by investing the required amount.

3. PFRDA has provided an easy and convenient way to subscribe to NPS by

recently introducing eNPS, which any individual can make use of to join NPS. A

new subscriber can adopt the following eNPS methods for joining NOS:

(a) Using Aadhaar card issued by UIDAI which is authenticated through OTP

received from UIDAI on the registered mobile of the applicant. In this case, the

subscriber can instantly get himself/herself registered. He/she has to simply visit

the eNPS module in NPS Trust website at www.npst.org.in.

(b) Using PAN and net banking of the selected bank chosen by the subscriber. In

this case KYC verification is done by the Bank. The NPS account gets activated

only after KYC verification by Bank. He/she has to go to eNPS module in NPS

Trust website at www.npstrust.org.in.

4. A new subscriber can also open an account physically through any of the

Points-of-Presence-Service Provider (POP-SP). The list is available on

www.pfrda.org.in.

5. Therefore, your employees who are not NPS members can open their NPS

account, and make contributions using any of the three options mentioned above.









GOVTEMPDIARY

Existing NPS subscribers can also make additional contributions to avail of the

tax benefit by using any of the options as stated above.

6. contribution upto Rs.50,000 in NPS for the additional tax benefit in the current

year has to be made by 31-03-2016 and it is important that this message be

conveyed to all your staff members and employees right upto the level of

DDOs/DTOs, at the earliest. This will definitely help in their tax planning.

7. We request you to disseminate the above information to all concerned.

with regards,

Yours sincerely,

Sd/-

(Mamta Rohit)

chief General Manager









GOVTEMPDIARY

Workshop for uniform implementation of ACP/MACP

instructions at NADP,Ambajhari on 8th & 9th May, 2015

GOVERNMENT OF INDIA

MINISTRY OF DEFENCE

ORDNANCE FACTORY BOARD

AYUDH BHAVAN

10A, SHAHEED KHUDIRAM BOSE ROAD

KOLKATA – 700 001

No.Per/I/ACP/MACP/2016

Date: 07-03-2016

To

The Sr. General Managers/General Managers

All Ordnance & Ordnance Equipment Factories

Sub: workshop for uniform implementation of ACP/MACP instructions at

NADP,Ambajhari on 8th & 9th May, 2015

a Workshop on uniform implementation of ACP/MACP instructions was held at

NADP, Ambajhari on 8th & 9th May, 2015. The Points emanating from the said

workshop and pertaining to Industrial Establishment are furnished here-under for

guidance and necessary action;-

ISSUE Remarks of OFB

1 Whether the employees

who were placed from HS Reference:









GOVTEMPDIARY

to MCM (4500 -7000)

before 01.01.2006 but did

not get ACP in the pay

scale of Rs.5000-8000

may be extended with the

benefit of grant of

3rd MACP either on

completion of 30 years of

service or by staying in

the same pay band and

grade pay for 10 years by

granting 3% increment

benefit in PB-2/- GP

Rs.4200/- or otherwise.

1. OFB Circular

No.Per/I/01/CP/658 dated 10-

07-2015

2. PCA (Fys) Circular

No.Pay/Tech-II/04/2013/22

dated 31.07.2013

Clarification:

In such cases, MACP-III benefit

will be admissible in the form of

one increment of 3% No change

of Grade pay from his existing

grade pay of Rs.4200/- would be

involved.

2

Whether the employees

who were placed

from HS to MCM (4500-

7000) before

01.01.2006 but did not get

ACP in the pay


may be granted

Grade pay of Rs.4600/-

under 3rd MACP

Reference:

1. OFB circular

No.01/CR/A/I/658 dated 17-02-

2014.

2. PCA(Fys) circular


dated 11.02.2014.

3. MoD ID No.11(5)/2009-

D(Civ-I) dated 06.02.2014.

Clarification:

No, they are not eligible for

Grade









GOVTEMPDIARY

Pay of Rs.4600 under

3rd MACP. Only the

HS/MCM workers drawing pay

scale of Rs.5000-

8000 under ACPS upto

31.12.2005 are eligible for

Grade pay of Rs.4600 under

3rd MACP

3

The grade pay of

HS/MCM workers, who

did not get ACP in the pay


before 01.01.2006 but

granted Grade pay of

Rs.4600 under 3rd MACP,

are to be reduced to 4200/-

It is not clear in OFB or

PC of A(Fys) Circular

whether recovery can be

done or otherwise.

Clarification: The recovery is to

be made.

4

Whether Skilled workers

may be considered for

Grade Pay of Rs.2400

under ACP during the

period from

01-01.2006 to 31.08.2008

Clarification:

Yes, they may be considered for

Grade Pay of

Rs.2400 i.e. Grade Pay of next

promotional hierarchy (HS-lI)

under ACPS during









GOVTEMPDIARY

the period from 01.01.2006 to

31.08.2008 after

fulfillment of all promotional

norms including

passing of trade test for HS-II

grade.

5

Whether Skilled workers

drawing pay scale of

Rs.5000-8000 under

ACPS upto

31.12.2005 may be

granted Grade pay of

Rs. =4600 under 3’d

MACP at par with

HS/MCM workers

Reference:

1. OFB Circular

No.01/CR/A/I/658 dated 17-02-

2014.

2. PCA(Fys) Circular


dated 11.02.2014.

3. MoD ID No.11(5)/2009-

D(Civ-I) dated 06.02.2014.

Clarification: No, they are not

entitled for the same as per MoD

Order. However, the matter has

been referred to MoD for

consideration.

6

Whether the employees

who were in the

Pay Scale of Rs.4000-

6000 and thereafter

granted Pay Scale of

Rs.5000-8000 under

Clarification:

No, they are not entitled for the

same.









GOVTEMPDIARY

ACP-II during the period

from 01.01.2006

to 31.08.2008 may be

considered for Grade Pay

of Rs.4600 under

3rd MACPS.

7

Whether the Artisan staff

holding the HS

grade in the pay scale of

Rs.4000-6000 (Pre-2006)

and promoted to the grade

of HS-I (GP- 2800) &

MCM (GP-4200) during

cadre re-Structuring w.e.f

01.01.2006 may be

considered for Grade Pay

of Rs.4600 under

3rd MACPS.

Clarification:

Grade Pay of Rs.4600 will not

be

admissible to them as they have

already been

granted 3 promotions i.e. from

SK to HS-II, HS-II

to HS-I and HS-I to MCM.

8

There are some cases

wherein the

individuals had been

appointed directly to

the grade of HS after

completion of

SCT/SAT and did not get

any promotion till

Clarification:

Since these are very specific

cases,

any comment is not considered

appropriate without verifying

full details of career movements

and other issues. However,

ACP/MACP is to be considered









GOVTEMPDIARY

09.08.1999. How to give

them ACP/MACP benefit

is the question to be

decided. A clarification

may be given

by taking into consideration of

date of appointment in HS grade

and further movements.

9

At the time of

restructuring of artisan

cadre, the HS grade has

been bifurcated to HS Gr-

II (GP Rs.2400) and HS

Gr-I (GP Rs.2800). The

senior most 50% IEs of

the erstwhile HS grade

have been brought on to

the category of HS-I and

remaining IEs of erstwhile

HS grade have been

renamed as HS-II on

01.01.2006. Whether

MACP can be considered

by treating this movement

from HS to HS Gr.I as not

a promotion.

Reference:

Mod ID No.11(5)/2009-D(civ-I)

dated 01.12.2010.

Clarification: Placement of

50% of the existing HS as HS-I

w.e.f 01.01.2006 will be treated

as promotion for the purpose of

ACP/MACP

10

An employee was

appointed as Lab (US) on

01.07.1991 in the pay

Reference:









GOVTEMPDIARY

scale of Rs.2550-3200.

Then promoted to Lab

(SS) on 20.01.2001 in the

pay scale of Rs.2650-

4000. Lab (US) and Lab

(SS) has been merged into

one grade of Lab (SS)

w.e.f 01.01.2006 in the

grade of Lab (US) to Lab

(SS) prior to 01.01.2006 is

to be ignored. Hence,

revised ACP has been

given w.e.f 01.01.2006 in

the GP of Rs.1900 and

counted towards

1stfinancial up-gradation

under ACPS. He has been

appointed by transfer to

Tradesman (SS) on

31.07.2007 and then

placed to Tradesman

(Skilled) on 31.07.2009

and thus his GP of

Rs.1900 granted earlier by

way of ACP w.e.f.

01.01.2006 has been

regularized by functional

OFB Circular


dated 04.01.2016.

Clarification:

After implementation of

6th CPC pay structure the

erstwhile grades of Un-Skilled

(Pay scale 2550-3200) and

Semi-Skilled (Pay Scale 2650 –

4000) have been merged with

the grant of common grade pay

of Rs.1800/- The next

hierarchical Grade in this case is

skilled grade (GP-1900). For

granting ACP in this Grade the

individual must possess the

qualification for Skilled Grade.

Since he only got up-gradation

to the Skilled grade on 31.07.09,

it is unlikely that he has passed

the trade test for skilled grade

prior to 01.01.2006.In view of

the above, grant of ACP in the

revised grade pay structure w.e.f

01.01.2006 to this employee is

not in order. However, he may









GOVTEMPDIARY

promotion/placement to

skilled grade. Then he has

been promoted to HS Gr-

II w.e.f. 31.07.2009 in the

GP f Rs.2400/- in cadre

restructuring. Thus he got

the 2ndfinancial

upgradation by way of

ACP and promotion. At

this juncture he is

approaching to ignore his

1st ACP in the GP of

Rs.1900 allowed on

01.01.2006 since Trade

(SS) to Tradesman

(skilled) is to be ignored

for all purposes and is

requesting to treat the

promotion to HS

Gr.II w.e.f 31.07.2009 as

the 1stfinancial up-

gradation and to the GP of

Rs.2800 as the

2nd financial upgradation

under MACP w.e.f

11.07.2011 on completion

of 20 years. Clarification

be granted MACP-I in the Grade

Pay of Rs.1900/- w.e.f

01.09.2008. There will be no

change in Grade Pay of the

individual of Rs.1900/- from the

date of skilled also on

promotion. However, all the

movements/promotions/financial

up – gradations under ACPS

from Labourer/Un-skilled grade

to Tradesman/Skilled grade are

to be ignored for the purpose of

MACPS. The individual has

been promoted to HS-II w.e.f.

31.07.2009. Accordingly, the

individual may be considered for

Grade Pay of Rs.2800 &

Rs.4200 under 2nd MACP &

3rd MACP respectively on

completion of required length of

residency period for MACP, as

he got only one promotion (i.e.

from Skilled to HS-II) from his

date of appointment.

However, the proposal of review

of financial up-gradation under









GOVTEMPDIARY

may be given whether the

revised ACP given to him

in the GP of Rs.1900 on

01.01.2006 can be ignored

as requested.

ACPS from 01.01.2006 to

31.08.2008 by giving relaxation

of trade test due to merger of

Labourer/Unskilled &

Labourer/semi-skilled w.e.f

01.01.2006 wass forwarded to

MoD for consideration MoD, in

turn, forwarded the same to

DoPT for consideration But the

said proposal has not been

accepted by DOPT.

11

Review of ACP benefit to

Labourers who have

completed 24 years of

regular service prior to

01.01.2006 due to

merging of


Labourer/Semi-Skilled

w.e.f 01.01.2006

Reference:

OFB Circular


dated 04.01.2016

Clarification:

The proposal of review of

financial up-gradation under

ACPS from 01.01.2006 to

31.08.2008 by giving relaxation

of trade test due to merger of


Labourer/Semi- Skilled w.e.f

01.01.2006 had been forwarded

to Mod for consideration. MoD,









GOVTEMPDIARY

in turn, forwarded the same to

DoPT for consideration. But the

said proposal has not been

accepted by DoPT.

12

Whether erstwhile NIE

Gr.D re-designated as

IE(Lab/SS), thereafter as

Tradesmen/SSK and up-

graded to Tradesmen/SK

are eligible for GP of

Rs.2000/- under 1st MACP

on completion of 10 years

from the date of their

appointment as NIE.

Clarification: Yes, they may be

considered for the same as all

the movements from his

appointment are to be ignored

for the purpose of MACPS.

13

Whether ACP benefit

grante4 between

01 .01.1996 and 0l .01

.2006 due to merger of

HS-II & HS-I post is to be

ignored or considered as

promotion for the purpose

of MACP

Clarification: The movement

from HS-II to HS-I

prior to 01.01.1996 will not be

treated as promotion for the

purpose of ACP/MACP. But the

said movement on of after

01.01.2006 is to be treated as

promotion for the purpose of

ACP/MACP

14

Fixation benefit of

promotion to MCM Grade

Pay of Rs.4200 (P-2) due

Clarification: The orders on the

issue do not provide for such

benefit.









GOVTEMPDIARY

to change of pay band

from PB-I to PB-2 after

availing MACP Grade Pay

of Rs.2800. After availing

financial up-gradation

under MACPs, if the govt.

Servant gets his regular

promotion in the hierarchy

of his cadre, on regular

promotion, he will only be

granted the differences of

grade pay. No additional

increment will be granted

at this stage. It is observed

that only illustration has

been shown (in MACP

Orders ) within PB-I to

PB-2 (from GP Rs.2800,

PB-I under MACP to Gp

Rs.4200 PB-2 on

promotion). So, in this

situation financial benefit

i.e. 3% increment may be

considered at the time of

regular promotion due to

change of pay band.









GOVTEMPDIARY

15

Whether any exemption

for trade test can be

granted for allowing ACP

benefit between

01.01.2006 to 31.08.2008

Clarification: Already clarified

against Point No. 11

16

NIEs(Gr.D) drawing GP

of Rs.1900 granted on

MACP transfer to IEs

cadre. Whether in this

case the movement from

GP 1800 to 1900

irrespective of more of

entry is to be ignored or

otherwise for future

MACP benefit.

Clarification: The movement

from Rs.1800/- to Rs.1900/-

(before transfer from NIEs to

IEs) irrespective of the mode of

entry is to be treated as one

promotion/up-gradation for

MACP. But, as and when the

individual will be granted

functional up-gradation to

skilled grade, his previous

movement from 1800/- to 1900/-

may be ignored.

17

One employee is once

being treated as MCM

(placement) upto

31.12.2005 and then the

same employee is being

treated as MCM

(promotion) on

01.01.2006. This would

Clarification:

The grade of MCM was not in

the hierarchy before 01.01.2006

and movement from HS to

MCM was treated as placement

and accordingly, eligible HS

workers got pay scale of

Rs.5000-8000 (i.e. the pay scale









GOVTEMPDIARY

require clarification. In the

6th CPC, the grade pay of

MCM was initially given

to GP of Rs.2800/- and

subsequently

placed/revised/upgraded

to GP of Rs.4200/- w.e.f

01.01.2006. whether such

placement/revision. up-

gradation can be treated as

promotion for any purpose

like ACP/MACP

of CM-II) under ACP-II. But

MCM grade (GP-Rs.4200) is

now in the hierarchy w.e.f.

01.01.2006 and the movement

from HS-I to MCM is to be

treated as promotion for all

purpose. But, change of Grade

Pay from 2800 to 4200 to MCM

workers w.e.f. 01.01.2006 due to

cadre restructuring in terms of

Mod Order dated 14.06.2010 are

not to be treated as promotion.

18

The IEs appointed as

Labourer/Un-Skilled were

promoted to

Labourer/Semi –skilled or

granted ACP-I in the pay

scale of Rs.2650-4000 and

thereafter granted ACP-II

in pay scale of Rs.3050-

4590 (i.e Skilled grade)

prior to 01.01.2006. But,

Labourer/Un-skilled &

Labourer/Semi-skilled

have been merged into

labourer/Semi-skilled

Clarification:

It can not be reviewed as passing

of trade test was mandatory in

ACPS and the proposal of

relaxation of trade test in such

cases has not been accepted by

MoD/DoPT.









GOVTEMPDIARY

(GP-Rs.1800/-) w.e.f

01.01.2006. whether

financial up-gradation

under ACPS in respect of

the said IES may be

reviewed w.e.f.

01.01.2006.

19

A person became eligible

for financial up-Gradation

under ACPS prior

to 31.08.20008, but he

was under currency of

penalty upto 24.10.2008.

whether he may be given

the benefit under ACPS

w.e.f. 25.10.2008 i.e. after

completion of penalty

period.

Since ACP scheme was

applicable upto 31-08-2008,

prima facie he is not eligible for

same. Treatment of the period of

suspension, if any, after

revocation would also be the

criteria. However, in case of any

doubt, the case details may be

forwarded to LAO/PC of A(Fys)

for examination.

This issues with the concurrence of PC of a (Fys).

Sd/-

(S.K.Singh)

Director/IR

For director General, Ordnance Factories

Source-http://www.bp









GOVTEMPDIARY

Communications & IT









GOVTEMPDIARY

Table of contents


1 GDS Committee/confdn/2016

21.03.2016

Submission of memorandum on

GDS related issues

2 RD570050807IN

01.03.2016

Grant of HRA at a higher rate (‘B’

category) to the Central Government

Servants posted at Aizawl

(Mizoram) – Court Case regarding









GOVTEMPDIARY

Submission of memorandum on GDS related issues

Confederation Of Central Govt Employees & Workers

1st Floor, North Avenue Post Office Building,

New Delhi-110001

No GDS Committee/confdn/2016

21 .03.2016

To

Shri Kamalesh Chandra

Chairman

Gramin Dak Sevak Committee

Department of Posts

Ministry of Communications & IT

Govt. of India

Malcha Marg Post Office Building

Chanakyapuri,

New Delhi – 110021

Email ID:[email protected]

Phone: 011-24575323

Respected Sir,

Sub: Submission of memorandum on GDS related issues

1. This memorandum is submitted with the most fervent hope that your

goodself will be condescend to intercede on behalf of about three lakhs

GraminDakSevaks and consider the points raised by us in a most









GOVTEMPDIARY

sympathetic and judicial manner. In this memorandum, we are dealing with

only some of the most important demands of the GraminDakSevaks, as all

other demands are covered in the memorandum submitted by National

Federation of Postal Employees (NFPE) and All India Postal Employees

Union GDS (NFPE), which are affiliated to Confederation of Central Govt

Employees & Workers. We have also gone through your letter no. 7/GDS-

KCC/2015 dated 3rd February 2016 addressed to all Chief Postmaster

Generals.

2. Grant of Civil Servant Status: The most important demand of

GraminDakSevaks is grant of Civil Servant status and all benefits of

regular departmental employees on pro-rata basis. In your letter addressed

to Chief Postmaster Generals it is mentioned that – “ The GDS staff,

because of their nature of duties, is kept outside the Civil Services of the

Unions and can’t claim to be at par with the Central Govt Employees.”

This is the stand taken by the Postal Department since 1977. Prior to 1977,

the stand taken by the Department is that ED employees are only Agents

1. The above stand of the Postal Department is contradictory to the

observation made by the Hon’ble Supreme Court of India in the

Rajamma’s (or Gokulananda’s) case in the landmark judgement of

1977. The Apex court has observed as follows:

“It appears from the Rules that employment of an Extra-Departmental

Agent is in a post which exists, apart from the person who happens to

fill it at any particular time. Though such a post is outside the regular

Civil Service, there is no doubt that it is a post under the State.”

2. In the above judgement Apex Court has not stated that GDS is not a

Civil Servant. It has only stated that GDS are “outside the regular civil

service”. Outside the regular civil service means they are not regular









GOVTEMPDIARY

(full time) Govt employees. They are civil servants but not regular civil

servants.

3. The Department has misconstrued the observation of the Supreme

Court that GDS are outside the regular civil service as it is apparent

from the stand taken by the Department. The Department has wrongly

concluded that GDS, being outside the regular civil service, are not to

be considered as Civil Servant, excepting for the purpose of

disciplinary inquiry, whereas the observations of the Supreme Court

postulated that though the GDS are “outside the regular civil service,

yet they are civil servants”.

4. It is submitted that the Chairman of GDS Committee may carefully

examine the legal position of the above argument put forward by us

and come to a judicious conclusion regarding the status of GDS. We

are sure that such an examination will definitely lead to the conclusion

that GDS are civil servants, though not regular (full time) civil

servants, and they are entitled to all the benefits of Departmental

(Regular) Govt employees on pro-rata basis.

3. Second, most important demand of the GDS is Pay scale, increment and all

other allowances admissible to Departmental employees on pro-rata basis.

Comparison is to be made with PA (BPMs), Postman (GDSMD, GDSSV)

and MTS (all other categories such as GDSMC, Packer, Mailman) while

deciding the pay scales, increment and all other allowances.

4. Third, important demand is fixation of minimum and maximum working

hours of GDS. It is a fact that the GDS cannot go for any other job on the

day he is performing the GDS duty. In the rural villages, there is no such

part time job which can be performed by the GDS after completion of his/









GOVTEMPDIARY

her GDS duty. Thus, it is evident that the GDS has to solely depend upon

the wages he is getting from his GDS job, for ensuring the livelihood for his

family. As such, while fixing the minimum duty hours of a GDS for the

purpose of minimum wage, the workload based on statistical norms alone

should not be the yard stick. Govt being a model employer, the live hood of

the entire family is to be kept in mind. Otherwise the GDS and his family

will be subjected to poverty and starvation. Taking into consideration all the

above aspects, it is requested that the GDS shall be paid for minimum five

hours and maximum eight hours. Even if the actual workload is below five

hours, minimum five hours wages is to be paid and for workload in excess

of five hours, wages upto eight hours may be paid. The unjustified, illegal

and artificial cap of five hours maximum imposed as per the existing GDS

Rules should be scraped.

5. Fourth, important demand is Pension and other retirement benefits like

Gratuity, Family Pension, Commutation Pension, Leave surrender etc.

Regarding Departmental employees, those who entered service before

01.01.2004 are eligible for old statutory Pension ad other Pensionary

benefits mentioned above.

New Pension Scheme is made applicable to those departmental employees

entered in service after 01.01.2004. The JCM National Council staffside has

demanded the Govt to scrap the New Pension Scheme and bring all the

employees under the Old Pension Scheme. Notwithstanding our demand for

scrapping New Pension Scheme, the following demands with regard to GDS

may be considered favourably:

1. All GDS who joined service before 01.01.2004 shall be brought under the

Old Pension Scheme at par with Departmental Employees.









GOVTEMPDIARY

2. For those GDS who joined service after 01.01.2004, the existing Service

Discharge Benefit Scheme may be modified as New Pension Scheme and

percentage of contribution as in the case of NPS may be made. In case,

once the Govt agrees for scrapping the New Pension Scheme and bringing

all the departmental employees under the Old Pension Scheme, the same

yard stick may be applied to GDS also and all GDS may be extended with

the benefit of Old Statutory Pension Scheme, on pro-rata basis.

Fifth important demand is time bound Promotion or Assured career

progression. Now a microscopic minority of GDS are only getting

promotion as Postman, Mail guard or MTS. 99% of the GDS enter the

sercice as GDS and retire in the same grade as GDS. There is no financial

upgradationavailable even after completion of 40 years service. This has led

to large-scale discontentment and frustration among GDS. In the case of

Departmental employees, three financial upgradations are available under

Assured Career Profession (ACP) scheme. It is requested that three financial

upgradation on completion of 10, 20 and 30 years may be granted to GDS,

as in the case of Departmental employees. Regarding pay scales for ACP-I,

II and III each cadre may be compared with the three ACP scales of PA

(BPM), Postman (GDSMD, GDSSV) and MTS (GDSMC, MP, MM) on

pro-rata basis.

The fifth, most important demand of GDS is medical reimbursement

facility. It is really pathetic that even after 68 years of Independence, a

section of employees working under the Central Govt (Department of Posts)

are not having any kind of medical reimbursement facility. Even the

Medical Insurance Scheme recommended by the last GDS Committee is not

yet implemented. It is requested that all GDS may be extended the benefits









GOVTEMPDIARY

of Medical Reimbursement Scheme on same terms and conditions

applicable to Departmental Employees.

The sixth demand is grant of all kinds of leave like CL, EL, HPL, Commuted

leave etc on par with Departmental employees on pro-rata basis. In the case

of maternity leave, the three months maternity grant from welfare fund is

against the spirit of the Maternity Act. Maternity leave should be six months

and payment should be made from the General Fund as wages.

Accumulation of leave and leave surrender may also be allowed.

There are many other demands which are already explained in detail in the

memorandum submitted by NFPE and AIPEU-GDS (NFPE). Top priority

may be given to the main demands mentioned in the above paras and the

GDS may be saved from the exploitation they are subjected to at present.

Regarding the suggestions in your letter addressed to Chief PMGs, we are

expressing our opinion below:

Rationalisation of categories of GDS –Three categories are required in

comparison with their nature of work. Branch Postmaster, Mail

deliverer/ stamp vendor and Multi-tasking staff (which includes

GDSMC, Packer, MM). As pay scales are to be decided with reference

to relativity in nature of work with similarly placed Departmental

employees (PA, Postman & MTS). The above three categories are

required.

Assessment of workload of GDS Post office through point system – If

the Department decides that BOs are to be kept open for minimum five

hours and more, then assessment of workload based on hours of duty

of the office / hours for which the BO is kept open is beneficial. But if

the Department decides that the BOs are to be kept open only for three









GOVTEMPDIARY

hours or for less than five hours, then the assessment of workload

based on actual duty hours will adversely affect the wages of BPM. In

the existing system, even if a BO is opened for 3 hours, the BPM can

draw maximum allowance for 125 points, which is equivalent to five

hours. Some BPMs are eligible for more than 125 to 300 points, but

due to the maximum limit of 125 points imposed, they could not earn

more wages.

Uniform Time Related Continuity Allowance (TRCA) – Two pay

scales for minimum five hours and maximum eight hours for each of

the following category is suggested.

Branch Postmasters – Pro-rata scale with Postal Assistant

Mail Deliverer/ stamp vendor – Pro-rata scale with Postman

Multi Tasking staff (MC, MP,MM)- Pro-rata scale with MTS

For workload upto 5 hours, five hours pay scale and for workload

above five hours, 8 hours pay scale is to be granted.

We strongly oppose Performance Related Incentive Scheme (PRIS)

for workload above five hours. Separate pay scale may be provided for

workload above five hours.

Rationalization of Time Related Continuity Allowance (TRCA) – See

our comments against Sl – 1 and 3 above.

Incentive for work over uniform TRCA – See our comments against

SL. 3 above.

GDS for Urban area – We oppose the extension of the GDS system to

Urban areas. Department should not encourage further expansion of

GDS system and exploitation of GDS.









GOVTEMPDIARY

Sl missing in the questionnaire.

Improving accommodation for Post office:Idea is good and welcome.

But without increasing the amount of compensation payable to BPM

on account of rent of the building, no BPM will be able to provide

better accommodation for BO. Shifting to Panchayath/Government

buildings can be done wherever possible.

Visibility of GDS Post offices – Branding of the BO like Project

Arrow will be a welcome step.

Augmentation of infrastructure facilities for Branch Post

offices: Facilities available in a single handed departmental delivery

Sub Post office may be extended to Branch Post Offices also.

Increase in amount of Allowances – We fully endorse the proposals of

NFPE and AIPEU-GDS(NFPE) submitted in their memorandum

regarding Allowances.

Handshake Scheme : GDS are continuing in their post upto 65 years

not because they are willing to work upto 65 years, but due to the

compulsion that without the wages they earn from the GDS post their

family will be subjected to penury and starvation. Hence instead of

handshake scheme, better arrangement for training and retaining may

be made so that nobody will be force to leave the job. If no

arrangement for training and proper infrastructure for smooth

functioning of the hand-held computer is provided, then the proposed

Voluntary Retirement Scheme (VRS) will in effect become

Compulsory Retirement Scheme (CRS).

Method of recruitment: We fully endorse the proposals of NFPE and

AIPEU-GDS (NFPE) regarding method of recruitment.









GOVTEMPDIARY

System of substitutes – Leave reserve staff may be attached to

important BOs or Account Office as in the case of Departmental

employees and their services may be utilised for filling up of short term

vacancies including leave vacancies. Terms and conditions of the leave

reserve staff should be similar to Departmental LR staff.

Discharge Benefit Scheme – Please see mainpara 5 of this

memorandum.

Leave – Please see mainpara 8 of this memorandum.

Transfer facility – All request transfers may be allowed, subject to the

terms and conditions applicable to Departmental employees.

Disposal of disciplinary cases: Existing guidelines may be strictly

implemented. Disciplinary actions should be initiated against those

responsible for the delay.

Financing of GDS Post Office: Existing arrangement should be further

strengthened by deploying more officials exclusively for cash

conveyance and also by increasing the limit of amount to be entrusted

to each official. Further wherever banks are available, drawing facility

from Banks may be extended to BOs also. The procedure for Bank

drawing facility should be streamlined and simplified.

Issues of SDBS Contribution- It has become a mess. GDS who retired

after joining the SDBS are not getting any benefit for months together.

Hundreds of cases are pending in each Circle, for final settlement. Poor

GDS are running from pillar to post.

Motorcycle advance for e-commerce parcel mechanised delivery –

This is a welcome suggestion. Interest should not be more than 3%.









GOVTEMPDIARY

Further motorcycle maintenance allowance should also be paid every

month and petro/ diesel charges may be reimbursed.

Compensation to Sevaks in cases where they are brought on duty on

Sundays/ holidays: Double the daily wages should be paid for Sunday/

holiday duty. We oppose bringing GDS on Sunday/ holiday duty as a

regular practice. It should be rare and exceptional.

Compensation to Sevaks in cases where the workload happens to be

more that 5 hours in a day till upgradation of the Post Office or till

additional posts are redeployed or work redistribution physically

materialises: For workload more than 5 hours higher pay scales of 8

hours may be granted to GDS, as recommended by Talwar Committee.

There is no need for upgradation of the office which will result in

throwing out the BPM out of BPM job.

Compensation to the Sevaks towards providing the accommodation for

housing the Post Office and towards residing in Post village/ delivery

jurisdiction, as the case may be : Reasonable rent for the BO may be

paid by the Department. HRA as in the case of departmental

employees shall also be paid to all GDS as per the same terms and

conditions.

Review of Assistance available under Circle Welfare Fund for

GDS: We fully endorsed the proposal submitted by NFPE and AIPEU-

GDS (NFPE). Further it is suggested that the Circle Contributory

Welfare Fund / scheme that existed in Kerala Postal Circle, which is

one of the best in the whole country, may be studied by the GDS

Committee and positive features accepted. As per the Circle

Contributory Welfare Fund Scheme of Kerala, full reimbursement of









GOVTEMPDIARY

medical expenses was reimbursed to all GDS in addition to other

benefits.

Provisioning of medical facilities to the GraminDakSevaks- Please see

main SL-7 of this memorandum.

Changes required, if any, in the rules governing GraminDakSevaks

– We fully endorse the changes proposed by NFPE and AIPEU-GDS

(NFPE).

CONCLUSION

Concludingly, I request you to grant me an opportunity to appear before

your goodself to tender oral evidence on GDS issues, for which act, we shall

be grateful to you.

Thanking you in

anticipation,

Yours faithfully,

New Delhi

21.03.2016

M KRISHNAN

Secretary General

Confederation & JCM (NC) Standing Committee Member

Copy to

1. Shri T. Q. Mohammad Secretary

GDS Committee

MalchaMarg Post Office Building Chanakyapuri

New Delhi 110021









GOVTEMPDIARY

Email – [email protected]

Mob – 08800233411

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

Original copy







http://confederationhq.blogspot.in/

http://www.7thpaycommissionnews.com/wp-content/uploads/2016/03/GDS-Memorandum-submitted-by-Confederation.pdf

https://feedburner.google.com/fb/a/mailverify?uri=govtempdiary/CFjz



GOVTEMPDIARY

Grant of HRA at a higher rate (‘B’ category) to the Central

Government Servants posted at Aizawl (Mizoram) – Court Case

regarding

RD570050807IN

COURT – CASE

MOST URGENT

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









GOVTEMPDIARY

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









GOVTEMPDIARY

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:-









GOVTEMPDIARY

” 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.









GOVTEMPDIARY

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.)

Original copy







http://aipeup3bbsr.blogspot.in/2016/03/grant-of-hra-at-higher-rate-b-category.html



GOVTEMPDIARY

Railways









GOVTEMPDIARY

Table of contents


1 No.1/10/Part IV

07.03.2016

Bonus to Railway employees at revised

rate of Rs. 7000/- p.m.-reg

2 No. IV/Budget/Part II

05.03.2016

Gs/NFIR Writes To Prime Minister

Narendra Modi- Income Tax on P.F. Issue









GOVTEMPDIARY

Bonus to Railway employees at revised rate of Rs. 7000/- p.m.-reg

NFIR

National Federation of Indian Railwaymen

3, CHELMSFORD ROAD, NEW DELHI – 110 055

Affiliated to :

Indian National Trade Union Congress (INTUC)

International Transport Workers’ Federation (ITF)

No. 1/10/Part IV

Dated: 07/03/2016

Shri Suresh Prabhu,

Hon’ble Minister for Railways, Rail Mantralaya,

New Delhi

Respected Sir,

Sub: Amendment to payment of Bonus Act, 1965-Revision of wage

calculation limit from Rs. 3500/- p.m. to Rs. 7000/- p.m. with effect from

01/04/2014- payment of P.L. Bonus to Railway employees at revised rate of

Rs. 7000/- p.m.-reg.

Ref: Railway Board’s reply vide No. E(P&A)II-2014/PLB-8 dated 16/02/2016 to

GS/NFIR.









GOVTEMPDIARY

While thanking the Railway Ministry for its prompt reply to NFIR under

reference No. E(P&A)II-2014/PLB-8 dated 16/02/2016, the Federation re-

iterates the following facts for taking appropriate steps by the Government.

(i) The chronological developments since decades need to be taken into account

for processing

the case for payment of PL Bonus to the Railway employees at the revised wage

calculation ceiling limit i.e. Rs. 7000/- p.m. w.e.f. 01/04/2014.

(ii) When the Bonus Act was amended, raising the wage calculation ceiling from

Rs. 750 to 1600, the Railway employees were paid PL Bonus at the revised wage

calculation ceiling limit. Subsequently, when the Bonus Act was amended,

revising the wage calculation limit from Rs. 1600/- to Rs. 2500/-, the said rate

was adopted by the Railway Ministry and PL Bonus paid to the Railway

employees at the revised rates.

(iii) When the wage calculation ceiling was again revised to Rs. 3500/- w.e.f. 1st

April 2006, the Federation took up the issue and explained the merits of the case

for adopting the rate of Rs. 3500/- w.e.f. 01/04/2006 for ensuring payment of PL

Bonus. The Railway Ministry had processed the case and obtained Union

Cabinet’s approval and issued orders vide letter No. E(P&A)II-2008/PLB-10

dated 03/10/2008, duly revising the wage calculation ceiling to Rs. 3500/- with

retrospective effect i.e, from 01/04/2006, consequently, PLB arrears for the year

2006-07 were paid to the Railway employees in October 2008.

From the above facts, it could be seen that the payment of P.L. Bonus has been

ensured commensurating with the revision of wage calculation ceiling limit made









GOVTEMPDIARY

through amendments to Bonus Act, 1965 without any deviation. Similarly when

the wage calculation ceiling limit has been raised to Rs. 7000/- p.m., the Railway

Employees are entitled for payment of P.L. Bonus at revised rates for the year

2014-15.

NFIR, therefore, requests the Hon’ble Railway Minister to kindly arrange to

process the case on top priority for obtaining the approval of the Union Cabinet

for making payment of PL Bonus arrears pertaining to the year 2014-15 to the

Railway employees at the earliest.

Yours sincerely,

(Dr. M. Raghavaiah)

-General Secretary









GOVTEMPDIARY

Gs/NFIR Writes To Prime Minister Narendra Modi- Income Tax

on P.F. Issue

Income Tax on P.F. withdrawal – NFIR letter to P.M.

NFIR

National Federation of Indian Railwaymen

3, CHELMSFORD ROAD, NEW DELHI – 110 055

Affiliated to

Indian National Trade Union Congress (INTUC)

International Transport Workers’ Federation (ITF)

No. IV/Budget/Part II

Dated: 05/03/2016

Shri Narendra Modiji

Hon’ble Prime Minister of India,

152, South Block,

Raisina Hill

New Delhi — 110011

Respected Sir,

Sub: Serious resentment among employees against Budget proposal to levy

Income Tax on withdrawal of 60% of Provident Fund – reg.

The employees in general and Rail Workforce in particular are extremely

unhappy over the Budget-proposal presented by the Hon’ble Finance Minister

to impose Income Tax on 60% of Provident Fund withdrawals. This proposal if









GOVTEMPDIARY

enforced would cause harm to the workers at their fag end of service on

superannuation.

Hon’ble Prime Minister may please appreciate that the employee withdraws

his/her legitimate Provident Fund for meeting the requirements of Children

Education, Construction of house or for the purpose of performing marriages of

children. Levying Income Tax on these withdrawals that too when the Provident

Fund amount is recognized to be the property of the worker, would be unethical.

The employees are deeply disappointed over the Budget proposal to impose

Income Tax on P.F. withdrawal.

NFIR, therefore appeals to the Hon’ble Prime Minister to kindly intervene and

see that the above proposal is reconsidered and withdrawn in the interest of

industrial peace in the Country.

Yours sincerely

(Dr. M. Raghavaiah)

General Secretary .









GOVTEMPDIARY

ICAR









GOVTEMPDIARY

Table of contents


1 F. No. 4-4/2015-CON

02.03.2016

Clarification regarding travel facility for

the Staff Side Members of Joint Council

Machinery (JCM) of ICAR









GOVTEMPDIARY

Clarification regarding travel facility for the Staff Side Members

of Joint Council Machinery (JCM) of ICAR

INDIAN COUNCIL OF AGRICULTURAL RESEARCH

KRISHI BHAWAN: NEW DELHI

F. No. 4-4/2015-CON

Dated 2nd March, 2016

To

All Directors/Project Directors of all ICAR Institutes/National Research

Centres/Project Coordinators/Zonal Project Directorates/Bureaux.

Sub: Clarification regarding travel facility for the Staff Side Members of

Joint Council Machinery (JCM) of ICAR

Sir,

The issue regarding the travel facility being extended to Staff Side Members of

the JCM has been coming up in recent FACYCJSC Meetings. The issue has been

examined in the Council and the approval of the Competent Authority of ICAR.

is hereby conveyed that (i) all the CJSC members shall travel by train in AC-II

tier irrespective of the entitlement whenever they travel in the capacity of

National JCM members of ICAR and (ii) the Follow-up Action Committee (FAC)

members of CJSC shall travel by Air in economy class whenever they travel in

their capacity of CJSC members.

(Puspender Kumar)

Deputy Secretary (GAC)

Original copy







http://www.govtempdiary.com/wp-content/uploads/2016/03/TravelFacilityfor-02032016.pdf



GOVTEMPDIARY

Others









GOVTEMPDIARY

Table of contents


1 PFRDA/2016/7/Exit/2

21.03.2016

Guide lines for process be followed for

processing of partial withdrawal

requests-PFRDA

2 No. AN/III/337/Gen Corr

04.03.2016

Office of the Principal Controller of

Defence Accounts (CC) Lucknow Cantt

3 No. NC-JCM/2016

01.03.2016

Deduction of Income Tax on withdrawal

of P.F. 60%









GOVTEMPDIARY

Guide lines for process be followed for processing of partial

withdrawal requests-PFRDA

Pension Fund Regulatory And Development Authority

B-14/A, Chhatrapati Shivaji Bhawan Qutab Institutional Area,

Katwaria Sarai, New Delhi-110016 Phone : 011-26517503

Fax : 011-26517507

Website : www.pfrda.org.in

Circular

PFRDA/2016/7/Exit/2

21.03.2016

Subject: Guidelines On Process To Be Followed By Subscribers And Nodal

Office/Pop/Aggregator For Processing Of Partial

WITHDRAWAL REQUEST

1. Whereas the Authority has notified the Pension Fund Regulatory and

Development Authority (Exits and Withdrawals from National Pension System)

Regulations, 2015 on 11th May, 2015 and is in force. Chapters III of the said

regulations inter – a/ia provide the withdrawals, purpose, frequency and limits

under the National Pension System (NPS).

2. Now in exercise of its powers under Section 14 read with sub-clause (b) of sub-

section (2) of Section 20 of the Pension Fund Regulatory and Development

Authority Act, 2013 and Regulation 7 of the aforementioned regulations, the

following guidelines are issued specifying/clarifying the process to be followed

by subscribers, intermediaries and concerned government nodal offices, for the

purpose of effecting withdrawals from NPS, as allowed under Chapter III of the









GOVTEMPDIARY

PFRDA (Exits and Withdrawals from National Pension System) Regulations,

2015

3. As per Regulation 8 of the PFRDA (Exit and withdrawal from National

Pension System) Regulations 2015, the partial withdrawals shall be permitted

under National Pension System (NPS).-

A partial withdrawal of accumulated pension wealth of the subscriber, not

exceeding twenty-five per cent of the contributions made by the subscriber and

excluding contribution made by employer, if any, at any time before exit from

National Pension System subject to the terms and conditions, purpose, frequency

and limits specified below:-

(A) Purpose:

A subscriber on the date of submission of the withdrawal form, shall be permitted

to withdraw not exceeding twenty-five percent of the contributions made by such

subscriber to his individual pension account, for any of the following purposes

only:-

a) For Higher education of his or her children including a legally adopted child;

b) For the marriage of his or her children, including a legally adopted child;

c) For the purchase or construction of a residential house or flat in his or her own

name or in a joint name with his or her legally wedded spouse. In case, the

subscriber already owns either individually or in the joint name a residential

house or flat, other than ancestral property, no withdrawal under these regulations

shall be permitted;









GOVTEMPDIARY

d) for treatment of specified illnesses: if the subscriber, his legally wedded

spouse, children, including a legally adopted child or dependent parents suffer

from any specified illness, which shall comprise of hospitalization and treatment

in respect of the following diseases:

i. Cancer;

ii. Kidney Failure (End Stage Renal Failure);

iii. Primary Pulmonary Arterial Hypertension;

iv. Multiple Sclerosis;

v. Major Organ Transplant;

vi. Coronary Artery Bypass Graft;

vii. Aorta Graft Surgery;

viii. Heart Valve Surgery;

ix. Stroke;

x. Myocardial Infarction

xi. Coma;

xii. Total blindness;

xiii. Paralysis;

xiv. Accident of serious/ life threatening nature;

xv. Any other critical illness of a life threatening nature as stipulated in the

circulars, guidelines or notifications issued by the Authority from time to time.

(B) Limits:

The permitted withdrawal shall be allowed only if the following eligibility criteria

and limit for availing the benefit are complied with by the subscriber:-









GOVTEMPDIARY

(a) The subscriber shall have been in the National Pension System at least for a

period of last ten years from the date of his or her joining. In case the subscriber

is mandatorily covered under NPS the period of ten years for partial withdrawal

will be considered from the date of applicability of NPS for such subscribers.

However, in case of inter-sector/intra-sector shifting of subscriber previous

tenure in NPS will also be considered.

(b) The subscriber shall be permitted to withdraw accumulations not exceeding

twenty-five per cent of the contributions made by him or her and standing to his

or her credit in his or her individual pension account, as on the date of application

for withdrawal;

(C) Frequency:

The subscriber shall be allowed to withdraw only a maximum of three times

during the entire tenure of subscription under the National Pension System and

not less than a period of five years shall have elapsed from the last date of each

of such withdrawal. The mandatory requirement of five years having elapsed

between two withdrawals shall not apply in case of “treatment for specified

illnesses or in case of withdrawal arising out of exit from National Pension

System due to the death of the subscriber. For subsequent withdrawal only the

incremental contributions made by the subscriber after the date of first/next

subsequent withdrawal as the case may be will be allowed. The request for

withdrawal in the specified form shall be submitted by the subscriber, along with

relevant documents to the central recordkeeping agency or the National Pension

System Trust, as may be specified, for processing of such withdrawal claim.

Provided that where a subscriber is suffering from any illness, specified in sub-









GOVTEMPDIARY

clause (d), the request for withdrawal may be submitted, through any family

member of such subscriber.

At the time of superannuation/pre-mature/death the amount withdrawn under

partial withdrawal till date will be adjusted against the payment of lump sum

amount and balance if any will be paid to subscriber.

(4) Partial Withdrawal process:

Partial Withdrawal request is required to be submitted by subscriber to CRA

through his/her Nodal Office/POP/Aggregator, as may be applicable. The Nodal

Office/POP/Aggregator should satisfy itself about the genuineness of the

requirement for partial withdrawal by the subscriber and after satisfying itself

forward the withdrawal application for release of funds by CRA. On receipt of

Partial Withdrawal request, CRA will process the withdrawal request in the CRA

system. Following are the steps which will be followed by subscriber and Nodal

Office/POP/Aggregator for submitting the ‘Partial Withdrawal’ request:

Role of the Subscriber:

If the subscriber has completed 10 years under NPS, subscriber will fill up the

‘Partial Withdrawal’Form — PW — 601 and submit the same to his/her mapped

Nodal Office/POP/Aggregator for processing.

2 Subscriber will provide the following details in the Form:

a Percentage of Partial Withdrawal (maximum 25%)

b. Purpose of withdrawal along with the proof









GOVTEMPDIARY

c. Bank detail along with the bank proof (cancelled cheque /copy of bank

passbook/bank certificate). Before submitting the withdrawal form, subscriber

shall ensure that the bank account details are correct.

3. Subscriber will affix his/her signature/Thumb impression on the Form at the

designated place and submit the same to his/her mapped Nodal

Office/POP/Aggregator.

Role of the Nodal Office/POP/Aggregator:

1. The concerned Nodal Office/POP/Aggregator will check the request submitted

by the subscriber with respect to completeness;

2. The Nodal Office/POP/Aggregator must also verify the veracity of the claim

with respect to purpose of the partial withdrawal along with supporting

documents;

3. The Nodal officer/POP/Aggregator must verify the details of the bank account

of subscriber;

4. If request is complete in all respect, it will authorize the request and will send

the same to CRA for processing;

5. Where the claim of partial withdrawal is submitted by the authorized

representative of the subscriber (in case the subscriber is unable to submit such

claim) Nodal officer/POP/Aggregator must satisfy themselves about the

genuineness of such claim and ensure that the bank account provided is that of

the subscriber.

6. The Nodal Officer/ POP/ Aggregator should process the partial claims within

three working days of receipt of the claim excepting in cases where the partial

withdrawal claim has been requested because of medical reasons in which case

the claim would have to be processed on the same day of receipt of the claim.

Role of CRA:









GOVTEMPDIARY

1 Once CRA receives the request, it will process the request submitted by The

Nodal Office/POP/Aggregator.

2. As per stipulated process, funds will be transferred to subscriber’s bank

account through electronic mode on T+3 basis. T — being the date of receipt of

the verified and approved claim in CRA system.

3. Physical withdrawal request will be stored by CRA

5. These guidelines shall take effect immediately and all withdrawals shall

thereafter be processed in the manner mentioned under these guidelines. Any

clarification required in relation to implementation of these guidelines, for which

sufficient guidance is not available, either under the regulations or these

guidelines shall only be referred by the Intermediaries or the concerned nodal

office to the Authority for its examination and disposal and queries of a routine

nature or pertaining to internal processes of the concerned intermediary, shall be

avoided. The decision of the Authority shall be final in this regard Intermediaries

and Nodal offices are expected to keep the infrastructure and processes in

readiness so as to give effect to these guidelines and ensure seamless facility to

the subscribers.

Note: The online module for partial withdrawal in under development and

is likely to go live by May 2016. Meanwhile, subscribers can request partial

withdrawal through their respective Nodal Office/POP/Aggregator who

should to contact CRA for processing such requests.

Original copy







http://www.govtempdiary.com/wp-content/uploads/2016/03/showimg.pdf



GOVTEMPDIARY

Office of the Principal Controller of Defence Accounts (CC)

Lucknow Cantt

No. AN/III/337/Gen Corr

Date: -04/03/2016

IMPORTANT- CIRCULAR

Sub: – Payment of Leave encashment on Superannuation: DAD Estt.

It has come to the notice of higher authorities that individuals retiring from Sub

offices are not getting their Leave encashment on the day of their retirement due

to non-receipt/delay in receipt of MLS from respective sub offices.

In view of the above it is impressed upon all Officer- in-charge of all Sub Offices

that leave account in respect of officers/Staff retiring or death in service cases,

from their offices may invariably be sent to AN-III Section/AN-1A (in case of

AO & above) of Main Office by 15th of the month of retirement of the individual

along with an undertaking from the individual that he will not avail any EL/ PL

till his date of retirement.

Further, to reconcile the leave record of the retiring individual, a separate leave

account for the past 06 months may also be forwarded with the MLS.

Strict compliance of the above instructions may be ensured.

ACDA(AN) has seen.

Sr. Accounts Officer

(AN-III)

Original copy







http://www.govtempdiary.com/wp-content/uploads/2016/03/dad_estt.pdf



GOVTEMPDIARY

Deduction of Income Tax on withdrawal of P.F. 60%

NATIONAL COUNCIL (STAFF SIDE)

Joint Consultative Machinery for Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

E Mail: [email protected]

No. NC-JCM/2016

Dated:- 1st March, 2016

To:

The Hon’ble Finance Minister,

Government of India,

North Block,

New Delhi.

Dear Sir,

Dated:- 15th March, 2016

Sub: Deduction of Income Tax on withdrawal of P.F. 60%

We are deeply shocked to learn about imposing of tax on withdrawal of

P.F.(Provident Fund) which is our hard earn money which used to be utilized in

all emergencies for medical, educational, building of house, marriage of

daughters etc. Imposition of tax on that had created all round agitation among

govt. employees.

On behalf of National Councii/JCM it is very humbly requested that this tax

proposal should be withdrawn immediately to stop the mental agony of

government employees.









GOVTEMPDIARY

I hope Central Govt. will not give any chance of serious agitation on this issue

and will not disturb industrial peace as a whole.

Thanking you ,

Yours faithfully,

(Shiv Gopal Mishra)









GOVTEMPDIARY

Our Books









GOVTEMPDIARY









GOVTEMPDIARY

Disclaimer

E-PDF is developed and designed by GOVTEMPDIARY. The contents of this e-

pdf is for information purposes only, enabling public to have a quick and an easy

access to information. We are making every effort to provide accurate and

updated information. However, it is likely that the details may change or get

outdated in this e-pdf. GOVTEMPDIARY do not assume any legal liability on

the completeness, accuracy or usefulness of the contents provided in this e-pdf.

The hyperlinks given to external sites do not constitute an endorsement of

information, products or services offered in this e-pdf. Despite our best efforts,

we do not guarantee that the documents in this site are free from infection by

computer viruses etc.

We welcome your suggestions to improve our site and request that any error

found may kindly be brought to our notice.

Thanks for visiting our site.

GOVTEMPDIARY Team







dopt orders,7th pay commission,dearness … · 2016-06-25 · vide para 3.1.5 dated 31st december,...

Documents