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A glance of office memorandum
MARCH 2016
GOVTEMPDIARY
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Table of contents
DEFENCE
OTHERS
PERSONNEL & TRAINING
FINANCE
RAILWAYS
COMMUNICATION & IT
ICAR
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Personnel and Training
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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
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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
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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.
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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
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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
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
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.
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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.
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3. Ministries/Departments are, therefore, requested to undertake revision of
Recruitment Rules under their purview and update the Recruitment Rules
by 30.9.2016
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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
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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
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division
North Block, New Delhi-110001
Dated: 16th March, 2016
OFFICE MEMORANDUM
Subject: Court orders against Government of India instructions on service
matters-consultation with Ministry of Law and Department of Personnel
and Training on question of filing appeals.
The undersigned is directed to refer to this Department’s 0.M.No.28027/9/99-
Estt.(A) dated 1st May, 2000 on the above subject ( copy enclosed) and to say
that the Department of Personnel and Training is the nodal Department that
formulates policies on service matters and issues instructions from time to time.
These instructions are to be followed by the Ministries/ Departments of the
Central Government scrupulously. All the Court cases filed by employees have
to be defended on the basis of the facts available with the Administrative
Ministry/Department concerned, keeping in view the instructions issued on the
subject by this Department.
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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
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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.
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(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.
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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
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
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
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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.
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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.
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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
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Dated: 9th March, 2016
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.
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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
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Recovery of wrongful / excess payments made to Government
servants
F.No.18/03/2015-Estt. (Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
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
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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,
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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.
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(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.
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(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
Department of Personnel & Training
North Block, New Delhi
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
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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,
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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/-
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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,
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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.
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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/-
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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
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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:
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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
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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
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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.
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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
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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:
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“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
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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
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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.
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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
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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
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk
North Block, New Delhi
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.
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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
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Finance
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Table of contents
S. No Order No / Date Title
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
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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
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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.
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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
Government of Himachal Pradesh
Original copy
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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
Government of Himachal Pradesh
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.
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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
Government of Himachal Pradesh
Original copy
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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)
North Block, New Delhi
Dated: 18th March, 2016
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
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1 Year Time Deposit 8.4 7.1
2 Year Time Deposit 8.4 7.2
3 Year Time Deposit 8.4 7.4
5 Year Time Deposit 8.5 7.9
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
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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.
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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
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Strengthening of Administration by periodical review under FR
56(j) : Autonomous Institutions reg
No.25013/1/2016-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
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.
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7th Pay commission Central Government Employees News
GOVTEMPDIARY
(Surya Narayan Jha)
Under Secretary to the Government of India
Original copy
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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.
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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
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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
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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.
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(Subhash Chandra)
Controller of Accounts
Ph: 011-26174809
Original copy
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Defence
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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
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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
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7th Pay commission Central Government Employees News
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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.
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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.
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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
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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:
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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
scale of Rs.5000-8000
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
No.Pay/Tech-II/04/2014/02
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
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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
scale of Rs.5000-8000
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
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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
No.Pay/Tech-II/04/2014/02
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.
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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
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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:
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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
No.Per/I/ACP/MACP/2015
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
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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
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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/Unskilled &
Labourer/Semi-Skilled
w.e.f 01.01.2006
Reference:
OFB Circular
No.Per/I/ACP/MACP/2015
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/Unskilled &
Labourer/Semi- Skilled w.e.f
01.01.2006 had been forwarded
to Mod for consideration. MoD,
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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.
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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.
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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
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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.
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(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
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Communications & IT
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Table of contents
S. No Order No / Date Title
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
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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
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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
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(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/
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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.
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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
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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
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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.
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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.
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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%.
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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
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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
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Email – [email protected]
Mob – 08800233411
Source-http://confederationhq.blogspot.in/
Original copy
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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
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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
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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:-
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” 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.
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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.)
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Railways
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Table of contents
S. No Order No / Date Title
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
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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.
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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
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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
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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
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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 .
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ICAR
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Table of contents
S. No Order No / Date Title
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
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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)
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Others
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Table of contents
S. No Order No / Date Title
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%
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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
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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;
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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:-
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(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-
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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
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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:
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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
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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)
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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.
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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)
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Our Books
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