Friday, 23 June 2017

7th CPC Pension Revision: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon'ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.

7th CPC Pension Revision: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon'ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.
F.No. 4/34/2002-P&PW(D).Vol.II
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated the 23rd June, 2017
OFFICE MEMORANDUM

Subject: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon'ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.

The undersigned is directed to say that in accordance with the instructions which existed before 31.03.1995, a Government servant, on absorption in a Public Sector Undertaking or an Autonomous Body, had the option to draw pro-rata gratuity and a lump sum amount in lieu of pension. The option regarding payment of lump sum amount in lieu of monthly pension on absorption in a PSU or autonomous body was available in terms of the instructions issued vide Department of Expenditure's O.M. No. 26(18)-E.V (B)/75 dated 08.04.1976, Department of Personnel Training's O.M. No. 28016/5/85-Estt.(C) dated 31.01.1986 and Department of Pension & Pensioners' Welfare' O.M. No. 4(12)/85-P&PW dated 31.03.1987. This option was also available to Government employees on absorption in PSUs/autonomous bodies of the State Governments and Joint Sector undertakings in terms of this Department's O.M. No. 4/43/88- P&PW(D) dated 16.10.1989. The terms and conditions for absorption of Government employees consequent on conversion of a Government Department into a PSU or autonomous body issued vide this Department's O.M. No. 4/18/87-P&PW(D) dated 5.7.1989 also provided for a similar option of lump sum payment in lieu of monthly pension.

2. In accordance with Rule 37-A of the Central Civil Services (Pension) Rules, 1972, incorporated vide Department of Expenditure's Notification No. 44(l)-E.V./71 dated 09.04.1973, on exercise of the above option, an employee was entitled to a lump sum amount not exceeding the commuted value of one-third of the pension and terminal benefit equal to twice the aforesaid lump-sum amount, subject to the condition that the Government servant surrendered his right of drawing two- thirds of his pension.

3. The option to draw a lump sum amount in lieu of pension was withdrawn vide this Department's O.M. No. 4/42/91-P&PW(D) dated 31st March, 1995. Accordingly, the erstwhile Rule 37-A was omitted from the CCS(Pension) Rules, 1972 vide Notification No. 4/42/91-P&PW(D) dated 25.06.1997.

4. In implementation of the Order dated 15.12.1995 of Hon'ble Supreme Court in WP(C) No. 11855/85, instructions were issued vide this Department's O.M. No. 4/3/86-P&PW(D) dated 30.09.1996 for restoration of one-third commuted portion of pension of Government servants who had drawn lump sum payment on absorption in a PSU/autonomous body. Further instructions were issued, from time to time, for computation and revision of the one-third restored pension of such absorbee pensioners and for payment of the attendant benefits like dearness relief, etc. to such absorbee pensioners. Orders for revision of the one- third restored pension w.e.f. 01.01.2006 of such absorbee pensioners were issued vide this Department's O.M. No 4/38/2008- P&PW(D) dated 15/09/2008, O.M. No. 4/30/2010-P&PW(D) dated 11/07/2013. and O.M. No. 4/38/2008-P&PW(D) dated 04/08/2016. These absorbee pensioners were, however, entitled to dearness relief and age-related additional pension based on the notional full pension.

5. Hon'ble High Court of Judicature of Madras, in its judgement dated 02-08-2007 in Writ Petition no. 22207/2002 filed by one Sh. K. Ganesan, an officer in the office of Controller General of Accounts, held that surrendering of the right for drawal of 2/3rd of Pension after its commutation, as provided under Rule 37-A (b), was repugnant to Section 12 of the Pensions Act, 1871 and that the petitioner was lawfully entitled for the restoration of his pension after the expiry of the period of commutation of 2/3rd pension. Hon'ble High Court, accordingly, directed restoration of 2/3rd pension and payment of arrears accordingly.

6. An SLP(Civil) No. 4054/2008 (converted into Civil Appeal No. 6048/2010) was filed by the Union of India challenging the aforesaid order dated 02-08-2007 of Hon'ble High Court of Judicature of Madras. In its order dated 1.9.2016, Hon'ble Supreme Court found no justification to interfere with the order dated 02.08.2007 of Hon'ble High Court directing restoration of 2/3rd pension in respect of the respondent (Shri K. Ganesan), after the expiry of the requisite period of commutation. The Civil Appeal No. 6048/2010 was accordingly dismissed by Hon'ble Supreme Court. In the said judgement dated 1.9.2016, similar direction was passed by Hon'ble Supreme Court in the Civil Appeal No. 6371/2010 for restoration of 2/3rd pension in respect of the petitioners, Shri K.L. Dhall, an absorbed employee of Ministry of Civil Aviation and member pensioners of Welfare Association of Central Government Officers, CAD Absorbed in PSU.

7. Review Petitions No. 465/2017 and No. 472/2017 were filed by Union of India in the Supreme Court against the aforesaid order dated 1.9.2016. Instructions were separately issued to the office of Controller General of Accounts and the Ministry of Civil Aviation vide OM No.4/34/2002-P&PW(D).Vol.ll dated 21-12-2016 and OM No. 4/34/2002-P&PW(D).Vol.II dated 21-12-2016 respectively, for implementation of the orders of Hon'ble Supreme Court in respect of the petitioner/respondent pensioners in the aforesaid Civil Appeals, subject to the final outcome of the Review Petitions. The aforesaid Review Petitions No. 465/2017 and No. 472/2017 have been dismissed by Hon'ble Supreme Court on 22.03.2017.

8. The matter has been examined in consultation with the Department of Legal Affairs and the Ministry of Finance (Department of Expenditure). It has been decided to extend the benefit of order dated 02-08-2007 of the Hon'ble Madras High Court and the Order dated 01-09-2016 of the Hon'ble Supreme Court to all similarly placed absorbee pensioners. Accordingly, all such absorbee petitioners who had taken 100% lump-sum amount in lieu of pension on absorption in PSUs/Autonomous Bodies in accordance with the then existing Rule 37-A and in whose case 1/3 pension had been restored after 15 years, may be allowed restoration of full pension after expiry of commutation period of 15 years from the date of payment of 100% lump-sum amount.

9. The absorbee pensioners whose full pension is restored in terms of the above instructions would also be entitled to revision of their pension in accordance with the instructions issued from time to time in implementation of the recommendations of the Pay Commissions, including the 7th Central Pay Commission.

10. In their application to the persons belonging to the Indian Audit and Accounts Department, these orders issue in consultation with the Comptroller and Auditor General of India.

11. Ministry of Agriculture etc. are requested to bring the contents of these Orders to the notice of Controller of Accounts/Pay & Accounts Officers and Attached subordinate Offices under them on a top priority basis and for taking necessary action for implementation of the above instructions. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

12 This issues with the approval of Ministry of Finance (Department of Expenditure) vide their ID Note No.1(11)/EV/2017 dated 26-05-2017 and dated 13-6-2017.

13. Hindi version will follow.
Sd/-
(Harjit Singh)
Director
Source: Pensioners Portal

Regarding grant of MACP/ACP benefit to SAS qualified officers appointed to the post of Section Officer/Assistant Accounts Officer on the basis of CAG Circular


Regarding grant of MACP/ACP benefit to SAS qualified officers appointed to the post of Section Officer/Assistant Accounts Officer on the basis of CAG Circular No. 23 staff wing/2016 No. 39 staff(Ent-1) 184-2014 dated 20/06/2016

CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR ROAD, PALAM, DELHI CANTT-10

XI/11051/MACP/2016/VOL-I
Dated 22-06-2017
To
PCA (Fys), PCsDA/CsDA

Sub: Regarding grant of MACP/ACP benefit to SAS qualified officers appointed to the post of Section Officer/Assistant Accounts Officer on the basis of CAG Circular No. 23 staff wing/2016 No. 39 staff(Ent-1) 184-2014 dated 20/06/2016

Various reference has been received from different Controllers regarding grant of benefit of ACP/MACP after passing of SAS-ll examination on the basis of CAG Circular No. 23 staff Wing/2016 No. 39 staff(Ent-1) 184-2014 dated 20/06/2016.

In this connection, attention is invited to' Para 1 and 9 of Annexure of DOP&T OM No.3534/3/2008-Estt.(D) dated 19th May 2009, which stipulates that
".....
1) There shall be three financial upgradations under the MACPS, counted from the direct entry grade on completion off 10, 20 and 30 years service respectively. Financial upgradation under this scheme will be admissible Whenever a person has spent 10 years continuously in the same grade pay.

9) Regular service for the purpose of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption/re-employment basis. Service rendered on adhoc/contract basis before regular appointment on pre-appointment training shall not be taken into reckoning. However, past continuous regular service in another Government Department in a post carrying same grade pay prior to regular appointment in a new Department, without a break shall also be counted towards qualifying regular service for the purpose of MACPs only( and not for the regular promotions). However, benefits under the MACPS in such cases shall be considered till the satisfactory completion of the probation period.
..."
Further, it is also intimated that the matter was referred to DoPT, for treating AAO as fresh recruits after passing of SAS Part II Exams and it has been clarified by DOP&T that Departmental Examination is one of the fast track mode of promotion and the appointment on the base of Limited Departmental Examination cannot be treated as direct recruitment and the orders of C & AG dated 20.06.2016 is not consistent with the instructions of the Government. Further, DoPT has opined that treating AAO as a fresh recruits for the purpose of benefit of MACP will be violative of the provisions of RR.

Accordingly, the representations received in this regard may be replied at your end.
(Vishav Jit Gandotra)
For CGDA
Source: www.cgda.nic.in

Catering Policy 2017: NFIR


Catering Policy 2017: NFIR

new-catering-policy-2017-irctc


No.II/80(i) / Catg. /Policy/2017
Dated: 21/06/2017
The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Catering Policy 2017- reg.
Ref: (i) Railway Board's letter No. 2016/TG-IIV6001/Pt. dated 27/02/2017
(Commercial Circular No.20/2017
(ii) Railway Board's letter No. E (NG)I-2003/TR/10 Pt. dated 27/06/2011.

The Railway Board have since issued catering policy 2017 vide Commercial Circular No. 20/2017 bearing letter No. 2016/TG-III/6001/Pt. dated 27/02/2017.

In this connection, NFIR conveys that pursuant to implementation of catering policy 2010, the Railway Board had consulted the Federation on the issues relating to service conditions of catering. staff and formal meetings were held at the level of AM (T&C) and decisions taken by an agreement with the Federations.
It is surprising to note that the Railway Board have not consulted the Federation while finalizing revised policy as replacement to catering policy 2010. The Departmental Catering Staff are in panicky as they feel that their future will get doomed. It needs to be appreciated that in the course of implementation of catering policy 2010, those Departmental Catering Staff deployed under IRCTC were taken back to Departmental Catering again by the respective Zonal Railways. Now, the revised policy has been brought into force and the Departmental Catering Units wherever exist are being outsourced/contractorized which would again dislocate the Departmental Catering Staff. Chronological events since the year 2013 would prove that Departmental catering staff have been subjected to hardships.

NFIR, therefore, urges upon the Railway Board to convene a meeting at the level of AM(T&C) early to discuss staff related issues arisen consequent to the attempts for implementation of catering policy 2017 for protecting the legitimate interests of Departrnental Catering Staff. Pending discussions and decision, it is also requested that the Catering Units presently manned by Departmental Catering staff on Zonal Railways may be allowed to continue without disturbance.
Yours faithfully,
(Dr. M. Ragharvaiah)
General Secretary
Source: NFIR

Cash Awards to the outstanding sportsperson - enhancement of rates: Department of Posts Order


Cash Awards to the outstanding sportsperson - enhancement of rates: Department of Posts Order

department-of-posts-cash-awards-sportsman


No.8 -1/2014-WI& Sports
Government of India
Ministry of Communications
Department of Posts
Dt. 20.6.2017
To
All Heads of Postal Circles

Sub: Cash Awards to the outstanding sportsperson - enhancement of rates.

Sir,
I am directed to refer to this office letter no. 11-8/87- WL&Sp. dated 18-05-1993 on the subject mentioned above, and to state that the competent authority has decided to revise the rates of Cash Award to the Sportsperson who achieves 1st, 2nd & 3rd position in the National / International Sports Tournaments held by respective Federations, as indicated below, with immediate effect till further orders

All other terms and conditions will remain unchanged

Position Existing Rates Revised Rates
1stRs.3000/ -Rs.25,000/-
2ndRs.2000 / -Rs.20,000/-
3rdRs. 1500/-Rs. 15,000
(Daisg Barla)
Director(W&S)
Source: NFPE

Leave Entitlement of Casual Labourers with temporary status


Leave Entitlement of Casual Labourers with temporary status

No. 01-07/2016-SPB-I
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi - 110001.
Dated: 12, June, 2017
To,
1. All CPMsG
2. All PMsG
3. Director, Rafi Ahmed Kidwai National postal Academy,
4. All Directors, PTC
5. All Directors, Postal Accounts
6. Controller, Foreign Mails, Mumbai
7. Heads of all other Administrative Offices.

Subject: Leave Entitlement of Casual Labourers with temporary status.

Sir/Madam
Department of Posts had circulated a Scheme viz. Casual Labourers (Grant of Temporary Status and Regularization) Scheme vide Directorate's letter 45-95/87-SPB-I dated 12.04.1991 which has been amended from time to time.

2. The Directorate has received several representations regarding encashment of accumulated leaves to Casual Labourers with Temporary Status covered under the said Scheme. In this regard, following clarifications are hereby issued in line with DOPT's Scheme circulated vide its OM No. 51016/2/90 Estt. (C) dated 10.09.1993 and OM No.49014/3/2007-Estt(C) dated 18.10.2007

c) Leave entitlement will be on a pro-rata basis at the rate of one day for every 10 days of work, casual or any other kind of leave, except maternity leave will not be admissible. They will also be allowed to carry forward the leave at their credit on their regularization. They will not be entitled to the benefits of encashment of leave on termination of service for any reason or on their quitting service.

d) The limit on accumulation of total number of leave will be 300 days as in the case of regular Government employees. In other words, Casual Labourers with Temporary Status can accumulate leave up to a maximum of 300 days only.
Yours faithfully,
(Satya Narayana Dash)
Assistant Director General (SPN)

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