BONUS -2009-2010
CEILING Rs.3500/- Regular Employees
CELING GDS :Rs.2500/-
NO.OF DAYS 60
Casual labourers :Rs.1200
Vide order no:26-04/2010-PAP dated 1/10/2010.
MEDICAL TREATEMENT SIMPLFIED/CGES CONTRIBUTION ENHANCED
Ministry of Finance
Department of Expenditure
New Delhi, Dated 10th September, 2010
Office Memorandum
Subject: Rate of monthly subscription and insurance cover under CGEGIS-1980 for erstwhile Group 'D' employees placed in PB-1, Grade Pay Rs.1800/- and classified as Group 'C'
3. In view of the recommendations of 6th CPC, Department of Personnel & Training vide notification dated 9/4/2009 has classified the posts carrying the Grade Pay of 1800/- as Group C.
(Manoj Sahay
-------------------------------------------------------------------------------------------------------------
- Goverment of india
- Ministry of Communications & IT
- Department of Posts
- Dak Bhawan, Sansad Marg,
- New Delhi-110116
No.6-1/206/Medical Dated : 14th September, 2010
TO
All Unions/Associations.
Sub: Hospital recognized by the State Govts./CGHS/CS (MA) Rules, 1944- Grant of permission for treatment in any of the hospitals.
I am directed to forward herewith a copy of Ministry of Health and Family Welfare, New Delhi O.M. No. S-14025/7/2000-MS dated 28.3.2000 on the above subject for your information/guidance and necessary action.
Sdxxx
(Mahandra Kumar)
Tel No: 23036629
F.N.S-14025/72000-MS
Govt. of India
Ministry of Health & Family Welfare
(Department of Health)
Nrman Bhavan, New Delhi
Dated the 28th March,2000.
OFFICE MEMORANDUM
Sub: Hospital recognized by the State Govts./CGHS/CS (MA) Rules, 1944- Grant of permission for treatment in any of the hospitals-regarding.
The undersigned is directed to say that the issue for grant of permission for treatment of Central Govt. employees and the members of their family in any of the hospitals recognized by the State Govt./CGHS Rules/CS(MA) Rules, 1944,had been under consideration of the Govt. for some time past. It has now been decided that the Central Govt. employees and the members of their families may be permitted to avail of medical facilities in any of the Central Govt./State Govts./CS(MA) Rules,1944, as well as the hospitals fully funded by either Central Govt. or the State Govt, subject to the condition that they will be reimbursed the medical expenditure at the rates fixed by the Govt. Under the CGHS Rules/CS(MA) Rules, 1944 or the actual expenditure incurred, whichever is less. In other words, the permission can be granted by the Head of the Ministry /Department/Office to the Central Govt. employees /members of their families to obtain medical services from any of the private hospital recognized under CGHS in the 18 CGHS covered cities also.
2. If the treatment for a particular diseases/procedure is available in the same city where the Govt. servant is employed, he may be permitted to avail of the medical services in any other city of his choice but in such cases, he will not be eligible for sanction of TA/DA. In case the treatment for a particular diseases/ procedure is not available at the same station, the beneficiary will be eligible for sanction of TA of his entitled class for taking treatment in a different city.
3. These orders will be effective from the date of the issue.
5. Hindi version of the O.M. will follow.
Sdxxx
CHILD CARE LEAVE CONDITION RELAXES
No. 13018 /1/2010-Estt. (Leave)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)
New Delhi, the 7th September, 2010
Office Memorandum
Sub: Child Care Leave in respect of Central Government employees as a result of Sixth Central Pay Commission recommendations - Clarification regarding
The undersigned is directed to say that this Department has been receiving representations from Government Servants through various quarters like the Public Grievances Cell/Associations etc requesting to review the decision to allow Child Care Leave (CCL) only if the employee has no E.L. at her credit.
2. This Department's O.M. No.13018/2/2008-Estt.(L) dated 11/09/2008 regarding introduction of Child Care Leave in respect of Central Government employees and subsequent clarifications vide O.Ms. dated 29/9/2008, 1811 112008 and 2/12/2008 were reviewed.
It has now been decided in consultation with Department of Expenditure, to delete the condition that CCL can be availed only if the employee concerned has no Earned Leave at her credit, subject to the following conditions:-
(i) CCL may not be granted in more than 3 spells in a calendar year.
(ii) CCL may not be granted for less than 15 days.
(iii) CCL should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.
3. It is reiterated that the leave is to be treated like Earned Leave and sanctioned as such.
4. These orders take effect from 1.9.2008. Earned Leave, if any, availed by women employees before availing CCL subsequent to the issue of the OM 13018/2/2008-Estt. (L) dated 18- 1 1-2008 may be adjusted against CCL, if so requested by the employee.
5. Hindi version will follow.
(Simmi R.Nakra)
Director
CHILD CARE LEAVE CONDITION RELAXES
1. CCL MAY NOT BE GRANT MORETHAN 3 SPELL IN A CALENDAR YEAR
2. CCL MAY NOT BE GRANTED FOR LESS THAN 15 DAYS
NEW PENSION SCHEME/DISCHARGE BENIFT SCHEME
DISCHARGE BENEFIT SCHEME (SDBS) FOR THE GRAMIN DAK SEVAKS
The department has today released orders on discharge benefits scheme which is in lieu of pensionary benefits and the existing severance amount scheme.
This scheme is optional for the existing GDS employees and compulsory for those entering into service from 1.1.2011.The GDS who are left with only three years or less service shall not be eligible.
For opted to new scheme, the severance amount @ Rs.1500 per annum for every completed years of service will be added to the accumulated contributions at the time of discharge for annuitization.
Govt shall contribute Rs200/- and no recovery from GDS. The contributions shall be credited to the Trustee bank designated by the PFRDA.
Not eligible during Put off periods, Provisional appointments and substitutes.
On promotion, the accumulations shall be transferred under New Pension Scheme.
On attaining the age of 58,the GDS can withdraw 20% of the accumulations.
At the time of discharge 60% will be paid. 40% shall be invested for purchase a Life Annuity from Insurance Company.
On removal & dismissal no amount will be paid.
Option should be given before 30.9.2010.
GDS SELECTION NEW METHOD
Sub: Maintenance of select panel while finalizing the selection of various categories of Gramin Dak Sevaks.
D.G. Posts No. 19-142010-GDS dated 25.06.2010.
I am directed to refer to Directorate letter No. 22.12/2001-GDS dated 17.09.2003 regarding observations of conditions of appointment of Gramin Dak Sevaks.
2. In para 4 of the said letter, it was stated that the sole criterion for selection to the posts of all categories of Gramin Dak Sevaks will henceforth be the merit subject to orders on reservation and fulfilling other eligibility conditions like providing space for Branch Office, taking up residence in the BO village etc.
3. The existing procedure does not provide for maintaining a select panel of candidates and operating a waiting list. In the event of selected candidate's refusal to take up the job, failure to provide accommodation within the given time ,etc the concerned recruiting authorities re-notify the vacancy and start the process afresh which oftenly results in delay and litigations.
4. The Hono`ble Central administrative Tribunal Hyderabad Bench an Original Application No.488/2007 filed by Shri M. Santosh vs Union of India .Replying on the Judgment of Full Bench of Hyderabad Bench in the case of M.Sarojini vs Senior Superintendent of Post Office,Vishakhapatnam in OA No. 1315/2000 dated 12.4.2001 wherein the Full Bench passed the order considering all these facts and circumstances we feel that the Department should prepare a panel even for selection to the posts of ED Agents under the P&T EDA(Conduct and Service) Rules,1964. The size of the panel shall not be disproportionate to number of posts. The validity of the period shall be one year."
5. The judgment of the Full Bench of Hyderabad CAT in OA No. 1315/2009 dated 12.04.2001 and the observations made by the Hon`ble High Court of Andhra Pradesh , the issue of regarding maintenance of a select panel and operating a waiting list for various categories of Gramin Dak Sevaks posts has been examined by the Competent Authority.
6. It has been decided that in all cases of future engagement of all categories Gramin Dak Sevaks including the cases which are currently in process and selections not finalized, a select panel of the candidates may be drawn up based on the sole criterion of merit. The panel should be operated in the event of the following contingencies:
(i) Refusal by the meritorious candidate.
(ii) Resignation by the 1st candidate even after joining within one year.
(ii) Review made by the higher authority within one year.
The select panel will be in the proportion of 5 candidates for one vacancy, ie 1.5. The Select Panel will be valid for one year from the date of finalization and after that it would lose its validity.
7. The contents of this letter may be brought to the notice of all authorities concerning to the recruitment of various categories of Gramin Dak Sevaks for strict compliance.
8. This issues with the approval of the Secretary (Posts).
Sdxxxx
(Surender Kumar)
Asstt. Director General (GDS)
pension payament on 20/8/10 ACCOUNT OF OANM
No3 (2)/TA/2010/277
Ministry of Finance
Department of Expenditure
Controller General of Accounts
Lok Nayak Bhawan
Khan Market, New Delhi
Dated.13.08.2010
MEMORANDUM
Subject: Disbursement of pension to the Central Government Pensioners in theState of Kerala for the month of August, 2010 on account of ONAM festival.
In continuation of this Office O.M. of even no. dated 5.8.2010 for disbursement of salary /wages of all Central Government employees in the State of Kerala for the month of August, 2010 on account of "ONAM" festival, the Government have decided that the pension of all Central Government pensioners in the State of Kerala for the month of August, 2010 may also be disbursed by the Banks/PAOs of Civil Ministries/Departments (including Defence, Posts &Telecommunications) on 20th August, 2010.
2. The pension so disbursed are to be treaded as advance payments and will be subject to necessary ,if any, in the subsequent payments from September.
3. Reserve Bank of India is requested to bring these instructions to the notice of the pension paying branches of all Banks located in the State of Kerala for necessary action immediately.
Sdxxx
(Vibha Pandey)
Jt. Controller General of Accounts
PAYAMENT OF SALARY ON 20/08/10 ONAM FESTIVAL
No3 (2)/TA/2010/256
Ministry of Finance
Department of Expenditure
Controller General of Accounts
Lok Nayak Bhawan
Khan Market, New Delhi
Dated.05.08.2010
MEMORANDUM
Subject: Disbursement of salary /wages to the Central Government Employees in the State of Kerala for the month of August, 2010 on account of ONAM festival.
In view of the "ONAM" festival the Government have decided that the salary of all Central Government Employees in the State of Kerala for the month of August, 2010 may be drawn and disbursed in the Central Government Offices (including Defence, Posts &Telecommunications) on 20th August, 2010.
2. The wages for August, 2010 of the individual employees of Central Government serving in the State of Kerala may also be disbursed in advance on 20th August, 2010.
3. The salary /wages so disbursed are to be treated as advance payment and will be subject to adjustment after the full months salary/wages of each employee is determined. The adjustment, if any, will be made without exception from the salary /wages as the case may be from the month of September, 2010.
4. The concerned Ministry/Departments are requested to bring these instructions to the notice of their offices located in the State of Kerala for necessary action immediately.
Sdxxx
(Vibha Pandey)
Jt. Controller General of Accounts
GDS PENSION
STRIKE DEFERED
The Secretary, Posts had taken a meeting with staff side on 12.07.2010 to discuss the charter of demands at 11 am and the following are the outcome on the charter of demands.
1. There will be no closure of single handed post offices.
2. The demand of the staff side that the annual increments to the erstwhile GDS SPMs should be continued will be considered positively.
3. There is no policy decision of the department to outsource the postal services.
4. A separate meeting will be held on 15.07.2010 to discuss about the Mckinsey and the object of restructuring the services.
5. Another separate meeting with the staff side will be held about the technology proposals shortly to discuss the future expansion of technology.
6. There will be no violation of earlier agreement on status quo of RMS & MMS with 10000 mails. Any violation if brought to the Directorate’s notice it will be set aside.
7. The Departmental council & periodical meetings will be held regularly hereafter. Next meeting will be held in next month August 2010.
8. The demand of higher pay to TBOP &BCR for the earlier period will be considered along with the cadre review proposals.
9. There will be no harassment in Project Arrow offices. Furnishing wrong data’s and showing as delivered or redirected will not be allowed hereafter.
10. The demand of the staff side to assess the vacancies as per establishment strength and actual strength in all cadres will be considered and all Chief PMGs will be addressed and appraised to fill up all the vacant posts forthwith during video conferences personally by the Secretary (P).
11. A committee consisting four staff side representatives with DDG(P) & DDG (Est) will be constituted and the process of the proposals of cadre review for all cadres will be completed before the end of 2010.
12. Separate discussions will be made on the proposal of creation of Postmasters cadre also.
13. The welfare schemes to GDS like grant of pension, medical, the proposals were already submitted to nodal ministries for approval. It will be expedited.
14. It was assured to reconsider the norms for cash handling to BPMs and also fix fresh norms to RPLI and NREGIS scheme shortly.
15. The proposal for higher pay to Driver with Grade pay of 2400 has been rejected by the Ministry of Finance.
16. The revision of O.S.A rates will be made within one month.
17. Technology training to workshop staff will be provided.
18. The proposals for the grant of minimum pay as per the Sixth CPC to casual labourers have been submitted to Ministry of Finance for approval. It will be expedited. The demand of the staff side to grant revised GDS pay to GDS substitutes will be considered.
19. The issues related to postmen norms, delivery, beat etc will be discussed shortly and final decision will be taken before the end of October 2010. One committee will be constituted to sort out the issues.
20. The plea of the staff side to ignore benchmark for MACP has been accepted and the Secretary told the DDG to cause orders today itself. Another request to ignore the earlier declining of LSG promotions prior to the receipt of MACP orders will also be considered.
21. The proposal of the staff side to create System asst instead of System administrator will be considered along with the cadre review proposals. The orders relating to road mileage allowance will be released shortly. The distribution of work & responsibility etc will be looked into along with the cadre review proposals.
22. The Recruitment Rules for Multi tasked staff will be finalized shortly. Our request to finalise the rules with no educational qualifications as if available to erstwhile Group D has been accepted.
23 The issues relating to Postal accounts like filling up of posts, amalgamation of Group C etc will be discussed further with DDG (PAF).
24. The suggestions of the Admin union about centralization of PLI claim at RO & CO will be considered. Further a separate meeting will be organized with their union to discuss further about their issues.
25. Clarificatory orders will be issued soon providing officiating pay to the officials holding higher posts like HSG Ii & HSG I.
After the meeting, the JCA met and decided to defer the proposed strike duly considering the positive approach of the Secretary in settlement of our genuine demands.
DHARNA ON 22.02.2010 GDS ISSUE
revised norms of Postman Establishment
12/02/10
Revised Norms for Postmen Establishment
Department in Memo No 9-1/2005-WSI/PE-I dated 5.2.2010 has revised the norms for Postmen establishment as follows. The revised norms will also be applicable for GDS MD as per note below Rule 106 of Volume VI Part III.
The Head of Circles and Regional PMsG are requested to undertake a review of the implementation of revised norms after six months and provide the for assessing the impact of new norms and undetaking a fresh review if considered necessary.
Sl No | Item | Congested areas in Minutes | Less congested areas in minutes | Remarks |
1 | Delivery of unregistered mail (other than in multistoried buildings) | 0.72 | 0.72 | - |
2 | Delivery of unregistered mail in multistoried buildings | 0.42 | 0.42 | Note 1 below |
3 | Delivery of unregistered mail in bulk | 2.00 for delivery of seven articles | 2.00 for delivery of seven articles | Note 2 below |
4 | Registered and Parcel mail (including insured value payable and speed post articles | 2.50 | 2.50 | - |
5 | Delivery of Registered and Parcel mail under special lists | 4.50 per list | 4.40 per list | - |
6 | Delivery of Value Payable and CD articles | 3.00 | 3.00 | - |
7 | Return of value payable & CD articles | 2.50 | 2.50 | - |
8 | Money Orders Paid | 3.85 | 3.85 | - |
9 | Money orders returned unpaid | 2.50 | 2.50 | - |
10 | Unpaid articles | 2.00 | 2.00 | - |
11 | Delivery of Speed post articles | 2.00 | 2.00 | - |
12 | Delivery of insured articles | 3.50 | 3.50 | - |
13 | Return of insured articles | 2.50 | 2.50 | - |
14 | Delivery of Accountable articles in multistoried building | 1.80 | 1.80 | Note 3 below |
15 | Returns by Postman | 20 Mts maximum | 20 Mts Maximum | Note 4 below |
16 | Distance travelled | 19 Mts per KM by foot 10 Mts per KM by Bicycle | 12 Mts per KM by foot 06 Mts per KM by Bicycle | - |
Note 1. Multi storied buildings denote high rise buildings with 4 or more storey
Note 2. Bulk addressee is defined as a single person or firm receiving 7 or more unregustered articles in a day. Therefore, the bulk articles as per revised definition have to be segregated and counted separately. Each bulk Addressee in receipt of 7 or more articles will be given a time factor of 2 Mts. There is no need for deduction of this workload from the total work load as is done now. To illustrate, if a particular Post Office is in receipt of 600 unregistered articles, other than bulk mail, it has to be multiplied by 0.72 and if it receives 80 articles for 7 bulk addressees then, the work for delivery of bulk mail would be 7X2 mts = 14 mts
Note 3. The norm provided at Sl no 13 is in addition to normal time factor provided for different accountable articles, In view of the introduction of this norm, separate statistics is to be maintained for accountable articles to be deliverable in high rise buildings of 4 or more storey.
Note 4.The norm provided for rendering returns by Postman of Sl No 14 is Maximum time that can be allowed per day. The individual time factors provided for return of accountable articles at Sl no 7, 9 and 13 will be applied and allowed if the workload is less than 20 mts. By application of the norms, if the workload for rendering returns works out more than 20 mts, the maximum limit of 20 mts will be applied.
Note 5. Articles delivered through Postboxes/Post bags and through window of the Post office will be excluded from the purview of delivery of unregistered articles.
Note 6. The figures of Accountable Articles should be average of six days statistics collected in the middle of the month and furnished by the incharge of delivery post office.
Note 7. The Postmaster/Sub Postmaster will furnish six days figures for unregistered mail. The verifying officer has to collect two days personal figures in the middle of week and the least of two averages will be adopted for assessing the work load.
Note 8. After having a dencity of population of 2500 per sq. km may be taken as congested area
Note 9. For postmen doing delivery of single beat system their staff hours has to be taken at 450 mts per day and doing delivery in two batches, the staff hours is to be taken as 420 mts per day.
Note 10. The number of Postman justified will be arrived at by dividing the total work load by 450 mts or 420 mts as the case may be. Additional Postman will be sanctioned if the work load is 0.5 or more.
Note 11. Distance travelled means distance covered on the main roads, lanes and bye lanes. Distance travelled covered for entering various houses is included in time factor for delivery of articles.
National Anomaly Committee Meeting and Decisions
National Anomaly Committee Meeting and Decisions
The first meeting of the National Anomaly Committee was held on 12th December, 2009. Secretary (Personnel) chaired the meeting. In the opening remark, Com. Umraomal Purohit drew the attention of the Chairman of the non-functioning of the Departmental Councils in various departments and the consequent non setting up of Departmental Anomaly Committees. He also raised the issue of the order of the DOPT defining the term Anomaly, which was at variance with the one given in 1997. He recalled the discussion he had with the official side in the matter when it was agreed that the definition of the term would be the same as was in the order of 1997. Responding to the remarks made by the Staff Side Secretary, the Chairman said that his office would take steps to ensure the functioning of the JCM at all levels and informed the meeting that the National Council of the JCM would meet on 16th January, 2009 and the notice therefore has already been issued. On the question of anomaly, it was informed by the Chairman, that all efforts would be taken to address all questions of anomaly and resolve them. The official side clarified that all questions of disparity in relativities would also be addressed except on those on which the 6th CPC has gone into and taken decision enumerating reasons. The Chairman asked the staff Side to bring to the notice of the DOPT/DOE of all those items which stand rejected by the concerned Departmental Anomaly Committees taking shelter under the extant definition.
The following items were discussed :
Fixation of Pay in Revised Pay Scale
The VI CPC in para 2.2.19 (vii) has indicated that where prerevised pay scales have been merged it has been done by extending the existing minimum prescribed for the highest pay scale with which the other scales are being merged. Accordingly it has also been stipulated in 7(1) (A) of the CCS (Revised Pay) Rules, 2008 that if the minimum of the Revised Pay Band / Pay Scale is more that what is determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding of the resultant figure to the next multiple of 10, the pay shall be fixed at the minimum of the revised Pay Band / Pay Scale. Note 2B below Rule 7, ibid and illustration 4B given in the Explanatory Memorandum to the Revised Pay Rule apply to cases of merger of Pay Scales. Note 2 B states that pay in the revised Pay Bands will be fixed in the manner prescribed in accordance with Clause (A) (i) And clause (A) (ii) of Rule 7. In illustration 4B a case of an employee in the pre revised pay scale Rs.5000-8000 drawing Rs.5600 as on 1.1.2006 in the pay scale of 6500-10500 has been indicated with which the pay scale of Rs.5000-8000 stands merged.
Taking these into account the pay in the Pay Band in the case of all employees in the Pay Scales of Rs.5000-8000 and Rs.5500-9000 has to be fixed at Rs. 6500 multiplied by 1.86 i.e. Rs.12090. The fixation tables for pay scales 5000-8000 and 5500-9000may therefore be modified fixing the pay in the pay band at Rs.12090 wherever it is less than that amount.
Illustration 4B in the explanatory memorandum to the Revised Pay Rules 2008 may be modified as under:-
Existing Scale of Pay 5000-8000Pay Band PB-2 9300-34800Merged with Pay Scale 6500-10500Existing Basic Pay as on 1.1.06 Rs.5600Pay in the PB-2 Rs.5600 X 1.86 = 10420 As per Clause (A) (i) of Rule 7(i) of Revised Pay rules 2008Pay in the PB-2 Rs.6500- X 1.86 = 12090 As per Clause (A) (ii) of Rule 7 (i) of Revised Pay Rules 2008Grade Pay Rs.4200Revised Basic Pay Rs.16290Decision:The Staff Side pointed out that what has been recommended by the 6th CPC in Para 2.2.19(vii_ in respect of fixation of minimum pay in the Pay band for merged pay scales had not been taken into account while computing the pay band and the table. After some discussion, the official side stated to have a re-look into the matter.Item No. 5(i)On Revised Pay Rules. 2008(i).Option
It has been mentioned under sub rule 4 thereof that the option once exercised shall be final and should be exercised within three months from the date of notification of the rule vide Sub rule I thereof. Since it is very difficult to comprehend and assess the implication of such option, we propose that the first option exercised within three months may not be treated as final and the employees be permitted to revise the option within six month of the date of exercising the first option.
Decision.
The official side has agreed to allow another option. The Side Side also pointed out during the discussion that the option exercised by the officials under F.R. 22(I)(A(1) on promotion has been restricted to only first promotion, which appears to be unreasonable. The official side has agreed to examine whether the above option can be allowed to cover all promotions.
Item No. 5(ii)
(ii). Special allowance and qualification pay which are taken for fixation purposes on promotion should be doubled with effect from 1.1.2006 and not from 1.9.2008 as it cannot be construed to be an allowance. If this is not done, senior employees will suffer loss in emoluments, in case of persons who are promoted during the period between 1.1.2006 and 1.9.2008.
It was pointed out that the item relating to 5th CPC is still pending at the Standing Committee. The Official Side stated that the item would be covered when a decision is taken on the item relating to 5th CPC.
Item No. 5(vi)
(vi) Rule 9. Date of next increment
It is seen after going through the stipulation in the above rules that a person whose increment falls on 1.1.2006 will get the increment on 1.1.2006 in the pre revised pay scale and will get the next increment in the revised pay structure on 1.7.2006 i.e. on expiry of six months. Similarly those, whose next increment is between 1st July, 2006 and 1st December, 2006 would also be granted next increment in the revised pay structure on 1.7.2006. On the other hand, the persons whose increment dates are between 1st Feb. 2006 and 1st June 2006 have to wait for more than 12 months to get the next increment on 1.7.2006. This is quite anomalous. In the case of those who retire during the period between 1st Feb. and 30th June, they will suffer a loss of one increment perpetually thus affecting their pension. It is, therefore proposed that the persons whose increment falls between 1st February and 1st June, 2006 may be given one increment on 1.1.2006 as a one time measure.
The official side agreed to issue orders to cover those in service between 1.1.2006 and 1.7.2006 as a one time measure. The Staff Side however, pointed out that they have made the suggestion for a one time measure on the specific understanding that Rule 9 of the Revised Pay Rules 2008 has no applicable in the fixation of increment date in future as in those cases, the Fundamental Rules will have the application. The Official side was of the opinion that the Revised Pay Rules will override the provisions of the Fundamental Rules. The Staff Side then contended that the increment of an official cannot be postponed except on award of a penalty after initiation of the disciplinary proceedings. The official side after some discussion agreed to reconsider the issue in the light of the contention made by the Staff Side.
Item No. 5(vii).
(vii). Tax deduction from salary:
Spread over of the arrears of salary is permissible under section 89 (a) of the I.T. Act. No tax will thus become payable by Group D employees on account of receipt of arrears eventually. Therefore, executive instructions may be issued not to deduct any tax from the arrears payment pertaining to the Group D employees. In respect of others, they may be allowed to exercise option to tax the arrears either on receipt basis or accrual basis.
Decision .Since the arrears have all been paid after deduction of tax, this item was not pressed.Item No. 5(vii)Temporary Status Casual Labourers
As per existing scheme the employees who are afforded temporary status are paid the wages computed with reference to the minimum of the corresponding scale of pay of regular employees. In the case of Group D temporary status employees, it will become necessary that they are afforded the requisite training if they are non- matriculates.
Decision.
Orders would be issued in the case of temporary status employees. In the case of those who died /retired between 1.1.06 and 1.9.2008 grant of grade pay of Rs. 1800 without training was raised by the Staff Side. It was agreed that the Govt. would take a decision in their case favorably.
Item No. 6. Benefit on promotion.
It is an accepted proposition that an employee when promoted to a higher post involving higher responsibility should get a suitable raise in his salary. It was on this consideration that FR 22-C was framed whereby the promotee was first granted an increment in the lower Pay Scale and then fixed at the appropriate (next) stage in the higher grade.
At the time of V CPC it was agreed that minimum increase in salary on promotion shall not be less then Rs.100/- There are certain grades in which, on promotion, a hike of Rs.650/- is being allowed with reference to pre-revised pay scale.
In these circumstances grant of only one increment in the lower Pay Band / Pay scale and difference in grade pay, if there be any, being granted on promotion is certainly inadequate. We therefore propose that minimum benefit on promotion should not be less than 10% of the Pay+Grade Pay of the feeder post.
Decision:
The official side stated that the above item was not covered under the definition of anomaly. However, after some discussion, it was agreed that the official side would further discuss the issue outside the forum of the Anomaly Committee.
Item No. 7. Fixation of pay on promotion.
The minimum Entry pay with Grade Pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 has been specific vide first Schedule, Part –A, Section II of the Gazette Notification of the Govt. of India, Ministry of Finance No. G.S.R. 622 (E) dated 29.8.2008.
On promotion, the pay of the promotees should not be less than the direct recruits.
In VI CPC structure there is no pay scale and new concept of grade pay has been inducted, which should determine the status. As such the following provisions need to be inserted below clarification 2. 'The method of Fixation of Pay on promotion on or after 1.1.2006.
"on promotion to the higher grade pay of an employee should be fixed appropriately and in any case it should not be less than the entry Pay in the revised pay structure for direct recruits appointed on of after 1.1.2006 for the post." further, on promotion to the next higher grade pay an employee should be fixed by adding 10% of pay, plus the grade pay as demanded by NC/JCM in its memorandum submitted to the Chairman, NC/JCM/Cabinet secretary on 8.4.2008.
Decision.The Official Side agreed to issue enabling orders in the matter. Item No. 8. Refixation of pension/family pension. Para 9 of the Ministry of Personnel, Public Grievances and Pension's O.M. No. F.No. 38/37/08-P&PW (A) dated 1.9.2008 states as under:-"The consolidated pension / family pension as worked out in accordance with provisions of para 4.1 above shall be treated as final basic pension with effect from 1.1.2006 and shall qualify for grant of Dearness Relief sanctioned thereafter.".This has left uncovered the provision made in para 4.2 of the same OM, which lays down as under:-
The fixation of pension will be subject to the provision that the revised pension in no case, shall be lower than fifty present of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG + and above scales, this will be fifty percent of the minimum of the revised pay scale."
Since refixation of pension has been allowed both under paras 4.1 and 4.2, they should both he covered in para 9 of the OM. It is requested that para 9 of the said OM may be revised including both paras 4.1 and 4.2 thereof.
Decision.Orders have been issued vide O.M.dated 12th and 14th September, 2009Item. No. 9. Anomaly in pension for Government Servants who retired/Died in harness between 1.1.2006 and 1.9. 2006
The Sixth Central Pay Commission lays down inter-alia that once an employee renders the minimum pensionable service of 20 years, pension should be paid at 50% of the average emoluments received during the past 10 months or the pay last down, whichever is more beneficial to the retiring employee.
As per the Ministry of Personnel, Public Grievances and Pension O.M. F.No. 38/37/08-P&P(W)(A) dated 2nd September 2008, these orders shall come into force with effect from the date of issue of this OM, namely 2nd September 2008 and shall be, applicable to all Government Servants becoming entitled to pension after rendering the minimum qualifying service of 20 years or on completion of 10 years qualifying service in accordance with rule 49(2) of the CCS (Pension) Rules, 1972.
However, the Govt. servants who have retired on or after 1.1.2006 but before the date of issue of this OM (2.9.2008) have been debarred from this benefit. They will be governed by the rules/ orders which were in force immediately before coming into effect of these orders. In other words their pension will be calculated on average emoluments received during the last 10 months and not on the actual pay last drawn. It is requested that this discrimination should be removed.
Decision.
Orders are under issue. The Staff Side raised the inordinate delay in fixing the revised pension and disbursement of arrears to pensioners. The official side assured to monitor the payment of arrears to pensioners. The refusal on the part of many banks to issue the due and drawn statement even on requisition was also brought to the notice of the Chairman. The Director (Pension) assured that suitable instructions would be issued in this regard to all Banks.
Item No.10. Commutation of pension.
The minimum period of service for eligibility for pension is 10 years. For appointment to Government Service the minimum age is 18 years. In view of this, if a person is appointed at the age of 18 years he cannot become eligible for pension unless he has served for a period of at least 10 years and attained the age of 28 years i.e. when his birthday falls in the 29th years.
The table adopted as per the Ministry of Personnel, Public Grievances and Pension's OM No. 38/37/08-P&PW (A) dated 2.9.2008 shows the minimum age of next birthday after retirement as 20 which is not understood. It is requested that suitable amendment to the table referred to may be notified.
The item was withdrawn by the Staff Side.Item No.11 to 14. These items were deferred for discussion at the next meeting. Item No.15.Parity in pension of all pre 1996 retirees with those who retired on Or after 1.1.2006
The Government have already accepted in principle that there shall be parity in pension amongst pensioners irrespective of the date from which they had retired.
Accordingly pension of all pre 1986 retirees was revised with effect from 1.1.96 by first determining the notional pay which would have been fixed as on 1.1.86 (treating as if the employees were in service on that date) and then the Notional Pension was updated by applying the same fitment formula which was applied to serving employees.
We, therefore demanded that the notional pay of all pre 1996 retirees may be fixed as on 1.1.96 in terms of Revised Pay Rules, 1996 and the notional pension as on 1.1.96 may be revised w.e.f. 1.1.06 by applying the same fitment formula which is applied in the case of serving employees i.e. by multiplying the notional pension as on 1.1.96 by 1.86 + the Grade Pay of the Pay Scale (V CPC) from which they would have retired.
The revision of pension has been done by applying the formula of Basic Pension as on 1.1.96 + Dearness Pension (50% of Basic Pension) + Dearness Relief on Basic Pension + Dearness Pension+40% of Basic Pension.
This is not the same that has been granted to serving employees. In whose case the Grade Pay which is the fitment benefit is 40% of the maximum of the Pre-revised Pay Scale.
As such the Pensioners should also be granted 50% the of Grade Pay of the Pay Scale from which they had retired by way of fitment benefit and not 40% of Basic Pension.
Decision.
The Staff Side pointed out that the 6th CPC in order to maintain the existing modified parity between the present and future retirees had indicated that it would be necessary to allow the same fitment benefit as is being recommended for the existing Government employees vide para 5.1.47 in page 338. However, the Commission recommended that all past pensioners should be allowed fitment benefit equal to 40% of the basic pension. The statement and the recommendation made to give effect to the statement was at variance giving rise to anomaly and disparity in pension entitlement between the past pensioners and the future pensioners. After detailed discussion, the official side agreed to consider the issue once again.
At the conclusion of the meeting, the Staff Side took up the matter concerning non representation of Postal Federations in the National Council as some members of a Federation which could not muster even 5% membership had been approaching one court or the other in a bid to delay the verification process and consequent recognition of the Associations and Federations in the Postal Department. As it would be a never ending process, the denial for the unions who had mustered more than 75% of the membership representation in the National Council would be a miscarriage of justice, the Staff Side added.. The Director (SR) of the Postal Department, who had represented the Postal Department in the official side agreed with the contention of the Staff Side and reported to the Chairman, that they had granted adhoc recognition to the Unions who had mustered the requisite membership and the Department Council had also been convened and met on adhoc basic. The question of granting of representation to the representatives of the Staff in the National Council had been referred to the Department of Personnel and their advice in the matter was being solicited. The Chairman assured the Staff Side to look into the matter and take appropriate decision soon.
The denial of revised higher Grade Pay to Master Craftsmen of Workshops in MMS in the Postal Department, while affording the same to those in Railways and Defence was also raised by the Staff Side. The Department of Expenditure pointed out that they had not received any reference from the Postal Department in this matter, whereas the official side representative of the Postal Department stated that they had referred this matter to them earlier. After some discussion, it was agreed that the Department of Expenditure and the Postal Department would sort out this matter expeditiously.
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