Tuesday, 24 November 2015

Promotion of Government Servants exonerated after retirement – Procedure and Guidelines to be followed

Promotion of Government Servants exonerated after retirement – Procedure and Guidelines to be followed

No.22011/3/2013-Estt.(D)
Department of Personnel & Training
Establishment (D)
***
Dated: 23.11.2015

Subject:- Promotion of Govt. Servants exonerated after retirement – Procedure and Guidelines to be followed – Regarding.

The Department intends to issue instructions on the subject- “Promotion of Govt. Servants exonerated after retirement – Procedure and Guidelines to be followed”. Draft instructions proposed to be issued are enclosed. Ministries/Departments are requested to offer their comments/views, if any, in this regard latest by 22nd December, 2015 at the e-mail address dire1-dopt@nic.in
(S.K. Prasad)
Under Secretary

No.22011/3/2013-Estt (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi .
Dated: 23rd November, 2015
OFFICE MEMORANDUM
Subject:- Promotion of Govt. Servants exonerated after retirement — Procedure and Guidelines to be followed – Regarding.
The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum No. 22011/4/91-Estt(A) dated 14th September, 1992 regarding procedure and guidelines to be followed by DPC in respect of Government servants against whom disciplinary/court proceedings are pending or whose conduct is under investigation. In case the Government servant is covered under any of the three conditions as mentioned in Para 2 of OM dated 14.09.1992, the recommendations of the DPC are to be kept in ‘sealed cover’ and subsequent action regarding opening of sealed cover will depend on the outcome of the disciplinary/criminal proceedings.
2. If on conclusion of the disciplinary/ criminal proceedings, the Government servant is exonerated, the procedure prescribed in para 3 of the OM dated 14-9-1992 is to be followed. This provides as under:-
“On the conclusion of the disciplinary case/criminal prosecution which results in dropping of allegations against the Govt. servant, the sealed cover or covers shall be opened. In case the Government servant is completely exonerated the due date of his promotion will be determined with reference to the position assigned to him in the findings kept in the sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such position. The Government servant may be promoted, if necessary, by reverting the junior most officiating person. He may be promoted notionally with reference to the date of promotion of his junior. However, whether the officer concerned will be entitled to any arrears of pay for the period of notional promotion preceding the date of actual promotion, and if so to what extent, will be decided by the appointing authority by taking into consideration all the facts and circumstances of the disciplinary proceedings/criminal prosecution. Where the authority denies arrears of salary or part of it, it will record its reasons for doing so. It is not possible to anticipate and enumerate exhaustively all the circumstances under which such denials of arrears of salary or part of it may become necessary. However, there may be cases where the proceedings, whether disciplinary or criminal, are, for example delayed at the instance of the employee or the clearance in the disciplinary proceedings or acquittal in the criminal proceedings is with benefit of doubt or on account of non-availability of evidence due to the acts attributable to the employee etc. These are only some of the circumstances where such denial can be justified.”

3. The applicability of above provisions in so far as it relates to cases where the Government Servant, who has retired by the time he is exonerated of all the charges has been considered in respect of the following cases:
i. Where the promotion order pertaining to the relevant DPC has been issued and the officers empanelled have assumed charge prior to the date of superannuation of the retired Government Servant; and
ii. The retired Government Servant would have been in service and assumed charge of the post had the disciplinary proceeding not been initiated against him/her.

4. It has been decided in consultation with the Department of Expenditure, Department of Pensions & Pensioners’ Welfare and the Department of Legal Affairs that notional promotion and payment of arrears of pay, if any, for the period of notional promotion till the date of retirement, to such a retired Government servant if found fit on opening of the sealed cover is to be decided by the appointing authority in terms of Para 3 of OM No.22011/4/91-Estt.(A) dated 14/9/1992.

5. A retired Government employee who is considered for notional promotion from the date of promotion of his next junior after opening of the sealed cover would also be entitled to fixation of pension on the basis of such notional pay on his notional promotion.

6. The provisions contained in this Office Memorandum shall become operational from the date of issue of this Office Memorandum. Past cases settled in accordance with the earlier provisions shall not be reopened.

(G. Jayanthi)
Director(E-I)
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22011_3_2013-Estt.D-23112015.pdf]

Kerala Government Dearness Allowance and Dearness Relief revised rates effective form 01.07.2015

Kerala Government Dearness Allowance and Dearness Relief revised rates effective form 01.07.2015
Kerala Government Dearness Allowance and Dearness Relief

GOVERNMENT OF KERALA

Abstract
Payment of Dearness Allowance to State Government Employees and Dearness Relief to State Service Pensioners/Family Pensioners — Revised rates effective from 01/07/2015—Orders Issued.
FINANCE (PAY RESEARCH UNIT) DEPARTMENT
G.O. (P) No.525/2015/Fin.
Dated, Thiruvananthapuram,18.11.2015
Read: –
1. G.O. (P)No.85/2011/Fin, dated 26.02.2011
2. G.O. (P) No.87/2011/Fin, dated 28.02.2011
3. G.O. (P) No.614/2012/Fin, dated 08.11.2012
4. G.O. (P) No.220/2013/Fin, dated 14.05.2013
5: Letter No. PM/2/6-44/13-14/163039/694 dated 21.10.2013 of Accountant General (A&E), Kerala.
6. 0.M. No. 01/03/2015 – E-1I (B) dated 23/09/2015 of the Department of Expenditure, Ministry of Finance, Government of India.
7. 0.M. No. F—No.42/10/2014 P&P’ (G) dated 28.09.2015 of the Department of Pension and Pensioners Welfare, Ministry of Personnel, Public Grievances and Pensions, Government of India.
8.G.0 (P) No.629/2013/Fin dated 23/12/2013.
9.G.0 (P) No.335/2015/Fin dated 07/08/2015.
ORDER

In the Office Memoranda cited above, Government of India sanctioned revised rate of Dearness Allowance/Dearness Relief to Central Government employees, Pensioners and family pensioners with effect from 01/07/2015. On the basis of the above, following orders are issued:

2.(i) The rate of Dearness Allowance payable in respect of State Government Employees, Teachers, Staff of Aided Schools, Private Colleges and Polytechnics, Full time Employees borne on the contingent and work charged establishments and employees of Local Bodies will be enhanced from the existing rate of 86% to 92% w.e.f 01.07. 2015.

(ii) The Dearness Allowance payable in respect of those employees continuing in the pre-revised scale of G.O (P) No.145/2006/Fin dated 25.03.2006 will be enhanced from the existing rate of 214% to 225% w.e.f 01.07.2015.

(iii) The Dearness Allowance payable in respect of teachers coming under UGC/AICTE/Medical Education Scheme (in whose case DA up to 50% has been converted as Dearness Pay) will be enhanced from the existing rate of 223% to 234% w.e.f. 01.07.2015.

(iv) The Dearness Allowance payable in respect of the teaching staff coming under UGC/AICTE/Medical Education Schemes who have changed over to revised UGC/AICTE scale from 01.01.2006 or thereafter and Judicial Officers will be enhanced from the existing rate of 113% to 119% w.e.f. 01.07.2015.

(v) The Dearness Allowance payable to those employees who are continuing in the 1997 pay scales even after 01.01.2015 will be enhanced from the existing rate of 273% to 284% w.e.f. 01.07.2015 (up to the date of effect of option under Pay Revision 2009).

(vi) The Dearness Allowance payable to those employees in Public sector Undertakings who were getting pay and allowances based on the scales of pay admissible under 1992 Pay Revision will be enhanced as follows with effect from 01.07.2015.

Date of effectPay RangeRate of DA per month
01.07.2015Basic Pay up to Rs. 3,500 p.m

Basic Pay above Rs.3,500 up to Rs. 6,000 p.m

Basic Pay above Rs. 6000
850% of Pay

753% of Pay subject to a minimum of Rs. 29750

714% of Pay Subject to a minimum of Rs. 45180

(vii) The Dearness Allowance at the enhanced rates will be paid in cash with the salary for the month of December 2015 onwards. The arrears for the period from 01.07.2015 to 30.11.2015 will be drawn and credited to the Provident Fund Account of the employees along with the salary bill for any of the months from December 2015 to June 2016. This procedure is applicable to those employees continuing in the Pre-revised scale even after 2009 Pay Revision and even after 1996 UGC/AICTE/Medical Education Scheme. No withdrawal other than final withdrawal of arrears of Dearness Allowance credited to Provident Fund Account shall be made before 31.07.2020 or retirement, whichever is earlier and is applicable Mutatis Mutandis to Provident Funds other than General Provident Fund also.

(viii) The enhanced rate of Dearness Allowance will also be applicable to Part-time and Part-time contingent employees on the basis of pay drawn by them
.
(ix) The Dearness Relief Payable to State Service Pensioners and Family Pensioners (Whose Pension /Family Pension has been revised as per G.O. (P) No.87/2011/Fin, dated 28.02.2011) will be enhanced from the existing rate of 86% to 92% with effect from 01.07.2015.

(x) The Dearness Relief Payable to State Service Pensioners and Family Pensioners whose pension/family Pension has not undergone revision as per G.O.(P) No.87/2011/Fin dated 28.02.2011, and also to the Pensioners/Family Pensioners coming under UGC/AICTE/Medical Education Schemes (who retired prior to 01.07.2004 and whose family pension has been revised as per G.O.(P) No.81/2007/Fin. Dated 28.02.2007 and whose pension has not undergone revision as per G.O.(P) No.211/2011/Fin dated 07/05/2011), will be enhanced from the existing rate of 214% to 225% with effect from 01.07.2015.

(xi) The Dearness Relief payable to retired state judicial Officers (Who are drawing Dearness Relief at central rates and whose pension or family pension has not been revised as per G.O. (Ms) No.236/10/Home dated 02.11.2010) and the Pensioners/Family Pensioners, coming under the category UGC/AICTE/Medical Education Schemes (Who retired after 01.07.2004 and whose pension/family pension has been revised as per G.O.(P) No.84/2007/Fin dated 01.03.2007 and has not undergone revision as per GO (P) No.211/2011/Fin dated 7/5/2011) will be enhanced from the existing rate of 223% to 234% w.e.f. 01.07.2015.

(xii) The Dearness Relief payable in respect of Ex-Chairman and Member of Kerala Public Service Commission, whose pension structure was modified as per G.O.(Ms) No.339/2013/GAD dated 30.11.2013 will be enhanced as follows w.e.f. 01.07.2015.

CategoryDate of termination of serviceRate of DR
Chairman and Members who were appointed from outside Government servicePrior to or after 01.01.200692%
Chairman and Members having prior service in Government and opted benefits of combined servicePrior to 01.01.200692%
Chairman and Members having prior service in Government and opted benefits of combined serviceOn or after 01.01.200692%

(Xii) (a) The Dearness Relief payable in respect of Ex-chairmen/other Members of Kerala Public Service Commission, whose pension has not undergone revision as per G.O.(Ms.) No.339/2013/GAD dated 30.11.2013, will be enhanced as follows with effect from 01.07.2015.

CategoryDate of termination of serviceRate of DR
Chairman and Members who were appointed from outside Government servicePrior to or after 01.01.2006225%
Chairman and Members having prior service in Government and opted benefits of combined servicePrior to 01.07.2004225%
Chairman and Members having prior service in Government and opted benefits of combined serviceOn or after 01.07.2004234%

(Xiii) The rate of Dearness Relief payable to the teaching staff coming under UGC/AICTE/Medical Education Streams who have changes over to revised UGC/AICTE scale from 1.1.2006 and those who retired after 1.1.2006 and that to the State Judicial Officers whose pension has been revised as per G.O. (Ms) No.236/2010/Home dated 02.11.2010, will be enhanced from the existing rate of 113% to 119% w.e.f 01.07.2015. This rate will be adopted only after the formal sanctioning of revision of their pension in terms of G.O.(P) No.211/2011/Fin dated 07.05.2011. The teaching staff coming under the UGC/AICTE/Medical Education Streams who have retired prior to 01.01.2006 and whose pension has been revised in terms of G.O.(P) No.211/2011/Fin dated 07.05.2011 will also be eligible for Dearness Relief at the above rate.

(Xiv) The Dearness Relief payable in respect of the state service Pensioners/Family Pensioners whose pension has not undergone revision as per G.O.(P) No.180/2006/Fin. dated 18.04.2006 and who are drawing Pension/family pension as per pension revision 1997, and in respect of Pensioners/Family Pensioners coming under UGC/AICTE/Medical Education Schemes whose pension has not undergone revision as per G.O.(P) No.81/2007/Fin, dated 28.02.2007 or G.O.(P) No.84/2007/Fin. Dated 1.3.2007 will be enhanced from the existing rate of 273% to 284% w.e.f. 01.07.2015. This will be applicable only till such date of effect of option for pension Revision 2004, after which the Dearness Relief payable will be as indicated in para 2(x) above and after the date of effect of option for pension Revision 2009, Dearness Relief will be payable as indicated in para 2 (ix) above.
  1. The enhanced rate of Dearness Relief due from 01.07.2015 will be paid along with the pension for December 2015 and arrears from July 2015 to November 2015 will be released in cash along with the pension for December 2015.
  2. The conditions laid down in the the G.O. read as 8th above shall be applicable while regulating Dearness Allowance/Dearness Relief under these orders.
(By Order of the Governor)
Dr.K.M.ABRAHAM
Additional Chief Secretary to Government (Finance).
Click here to download the Kerala DA/DR Order

Staff Benefit Fund – Amendment of provisions relating to Railway Staff Benefit Fund

Staff Benefit Fund – Amendment of provisions relating to Railway Staff Benefit Fund

NFIR
Natiohal Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 11O 055
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)
No.II/28/Part V
Dated: 19/11/2015
The Secretary (E),
Railway Board,
New Delhi.

Sub: Staff Benefit Fund – Amendment of provisions relating to Railway Staff Benefit Fund – Chapter 8 of the Indian Railway Establishment Code Vol.I, 1985 Edition (Second Reprint Edition -2003)-reg.
Ref: Railway Board’s letter No.E(W)2005/FU-1/4 dated 12/10/20l5 (RBE No.125/2015 -ACS No.127.
Railway Board vide letter dated l2/1O/2015 quoted under reference have issued ACS No.127 relating to Chapter 8 of the Indian Railway Establishment Code Vol.I, 1985 Edition (Second Reprint Edition – 2003). The said amendment to the R-I is based on the instructions issued by the Railway Board vide letter No. E(W)2014/FU-/l dated 30/07/2014.
In this connection, NFIR desires to point out that on making representations by the Federation amendment to these instructions were issued vide RBE No. 136/2014 on 08/12/2014 wherein wards of all non-gazetted Railway employees were made eligible for consideration of Scholarships as was being done prior to issuance of Board’s letter dated 30/07/2014. Now the Federation has noted that while issuing ACS No.127, unfortunately, the amendment dated 08/12/2014 has not been reflected in the ACS resulting confusion on eligibility of scholarships to the wards of employees whose Grade Pay is higher than Gp 4200 (PB-2).
NFIR,therefore,requests the Railway Board to issue modification so as to cover all Group “C”Staff.
Yours faithfully,
Dr.M.Raghavaiah)
General Secretary
Signed copy Click here

NJCA Reviewed the recommendations of the Pay Commission as a preliminary exercise

NJCA Reviewed the recommendations of the Pay Commission as a preliminary exercise

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/NJCA(N)/2014/Part-I
Dated:20-11-2015
The General Secretaries of
Affiliated Unions of NFIR
Dear Brother,

Sub: Seventh Central Pay Commission’s Recommendations – reg.

By this time, I hope you would have downloaded the Report submitted by the Seventh Central Pay Commission to the Government from the pay Commission’s website and studies the same.

The leaders of National Joint Council of Action met at New Delhi today at 11.00 hours on 20-11-2015 and reviewed the recommendations of the pay commission as a preliminary exercise. It has been felt that the pay Commission has rejected our demand for minimum wage of Rs.26000/- p.m. The minimum Salary of Rs.18000/- recommended by the pay Commission is not only very meagre (increase of Rs.2250/- only) and is not based on any rationale. The so called publicity of 23.55% hike in the salary of Central Government employees is in fact incorrect as the increase of pay would be 14.29% only i.e less than half of the pay hike given by the Government during 1996 (Vth CPC) and about one third of pay hike from January 2006 (VI CPC) when the percentage hikes were given to the extant of 31 & 54% respectively as admitted by the Chairman VIIth CPC under para 4.2.9 at page 63 of the report. The cogent case placed before the pay Commission by us has been mutilated. It may also be noted that take home pay of the employees as a result of implementation of VIIth CPC report will be less in view of following factors:-

(a) Deduction towards Central Government employees Group Insurance Scheme – Rs.1500/- per month (as per VIIth CPC recommendation),
(b) Deduction @ 10% of pay i.e.1800/- towards Pension Subscription (NPS) every month,
(c) Income Tax deduction.

A Statement showing the adverse impact of VIIth CPC recommendations prepared by the NJCA is enclosed for guidance.

Recommendations of 7th CPC provide for higher pay hike to the higher officials but only meager sum to the low paid employees i.e. low paid employees have been given lower multiplier factor of 2.57 limiting pay upto Rs.18,000/- p.m. whereas senior Officials have given multiplier factor of 2.78/2.81 to the Secretary level Officers and above by giving them pay upto Rs.2,25,000/- & Rs.2,50,000/-. It will provide financial benefit of Rs.2250 p.m. to low paid employees whereas higher officers will get minimum benefit of Rs.45,000 to 50,000 p.m.It is also relevant to point out that the staff Side JCM demanded ratio between the minimum wage earner and higher wage earner to be brought down to 1:8 in consonance with the directives/principles of the constitution of India. Here the 7th Pay Commission has widened the disparity and has made the same to 1:14. Also the existing 52 Allowances have been abolished unjustifiably. Notably the rates of existing House Rent Allowance (30,20 & 10) have been reduced to 24,16 & 8 percent.

The National Joint Council of Action has decided to observe Black Day on 27th November 2015 wearing Black Badges all over the country to protest against the perverse recommendations of the VIIth Central Pay Commission. All the affiliates are advised to communicate with the Railway employees of all categories to show their anger against the recommendations of the Commission. Report on the activities of 27th November, 2015 may be sent to the Federation immediately.

DA/As above
Yours Faithfully,
(Dr.M.Raghavaiah)
General Secretary
Source: NFIR

7th Pay Commission Recommendations Allowance related to Working on Holidays

Seventh Pay Commission Recommendations Allowance related to Working on Holidays

1. Holiday Compensatory Allowance
2. Holiday Monetary Compensation
3. National Holiday Allowance

8.6.2 Employees, who are regularly required to work on holidays, are compensated in a variety of ways. Some, like the employees of Delhi Police and the CISF, are granted an extra month’s pay per year. Employees of other CAPFs are granted extra thirty days’ leave. Some other categories of staff are paid allowances, which are dealt with in this section. There are 3 such allowances.

Holiday Compensatory Allowance

8.6.3 It is a compensation for non-gazetted staff of IB who are required to perform duties on holidays and weekends; granted at the rate of one day’s (Basic Pay + DA) for up to thirty days in a financial year. No demands have been received regarding this allowance.

Analysis and Recommendations

8.6.4 The Commission notes that employees in almost all ministries/departments are, sometimes, required to work on weekends. They are usually compensated by providing a “compensatory off.” Thus, grant of an allowance for weekend working is not justified.

8.6.5 At the same time, the sensitive, and time bound nature of work done by IB should also be kept in mind. Therefore, it is recommended that the non-gazetted staff of IB, presently covered under Holiday Compensatory Allowance, should, henceforth, be covered by National Holiday Allowance. They will be granted this allowance for up to twelve holidays in a year (including the three National Holidays) at the rates prescribed. Accordingly, Holiday Compensatory Allowance, as a separate allowance, should be abolished.

Holiday Monetary Compensation

8.6.6 This allowance is granted in Department of Posts and is payable to postmen and other departmental staff who are required to perform duty on second holiday if three consecutive holidays occur. The existing rates are:
Category
Rate of Remuneration
Supervisor
Rs.85 Per Holiday for 4 Hours
Postal Assistant
Rs.85 Per Holiday for 4 Hours
Postmen/sorting Postmen
Rs. 85 Per Holiday
Multi – tasking Staff
Rs. 60 Per Holiday for 4 Hours

8.6.7 Demands have been received to increase the rate of this allowance to Rs.600 per holiday.

Analysis and Recommendations

8.6.8 Since the allowance is not DA indexed, it is proposed to raise the amount to Rs.200 per holiday for Supervisors, Postal Assistants and Postmen/Sorting Postmen; and Rs.150 per holiday for Multi-tasking Staff. The rate of allowance will further increase by 25 percent each time DA increases by 50 percent.


National Holiday Allowance

8.6.9 This allowance is paid to non-gazetted Railway employees who are rostered to work on a “National Holiday.” The existing rates are:

Pay in Pay Band + Grade Pay
Rate
Up to Rs. 7260
Rs. 256 per day
Rs. 7261 – Rs. 9700
Rs. 318 Per day
Rs. 9701 and above (Limited to non-Gazetted Staff)
Rs. 420 Per day

8.6.10 There are demands to increase the amount of this allowance to 1.5 x (one day’s Basic Pay + DA)

Analysis and Recommendations

8.6.11 The Commission notes that although there are only three National Holidays, this allowance is granted for twelve days in a year due to operational constraints. Also, the allowance is already partially indexed to the DA. Hence, it is recommended that the amount should be increased by 50 percent to the following:

Level
Rate of Allowance (Per day)
1 and 2
Rs. 384
3 to 5
Rs. 477
6 to 8 (Limited to non-gazetted Staff)
Rs. 630

8.6.12 The rate of allowance will further increase by 25 percent each time DA rises by 50 percent.

7th Pay Commission Recommendations Holiday and Leave

7th-Pay-Commission-Recommendationss-Holidays-Leave

Seventh Pay Commission Recommendations Holiday and Leave 

9.2.1 Presently Central Government offices observe a five-day week which results in 104 holidays every year on account of weekends. In addition, there are three National Holidays, fourteen Gazetted Holidays and two Restricted Holidays. Further, civilian government employees are entitled to 8 days’ Casual Leave, 20 days’ Half Pay Leave (commutable to Medical Leave) and 30 days’ Earned Leave. Besides the above, quite a few other types of leave are admissible.

 9.2.2 The following paragraphs bring out, in alphabetical order, the different kinds of holidays and leave admissible, demands received (if any) and views of the Commission on each one of them. Unless otherwise stated, the existing terms and conditions regulating these holidays and leave shall remain unchanged.

Casual Leave (CL)

9.2.3 Casual Leave is granted to enable a government servant to attend to sudden/unforeseen needs/tasks. Presently 8 days CL is normally granted to a Central Government employee per calendar year. The number goes up to 10 days for Industrial Workers, 20 days for Defence Officers and 30 days for Defence PBORs. Certain other categories of staff, particularly in the Railways, are granted CL ranging from 11 to 13 days in a year. Demands have been made to increase the number of CL to 15 days for Industrial Workers and 12 days for other employees. CAPFs have also sought parity with defence forces in matters of Casual Leave.

 Analysis and Recommendations

9.2.4 Regarding the number of Casual Leave, the Commission is of the view that the present system is working well and need not be altered. As far as the case of CAPFs for parity with defence forces is concerned, the Commission notes that CAPFs are essentially civilian forces and their service conditions are different from defence forces. Hence parity in terms of number of casual leave cannot be considered. To sum up, status quo is recommended.


Child Adoption Leave

9.2.5 This leave is granted to female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

 Analysis and Recommendations

9.2.6 No demands have been received regarding this leave. Accordingly, status quo may be maintained.

Child Care Leave (CCL)

9.2.7 Child Care Leave (CCL) is granted to women employees for a maximum period of two years (i.e., 730 days) during their entire service for taking care of their minor children (up to eighteen years of age). There are several demands relating to CCL which include converting the same into “family care” leave, extending the facility to male parents and many representations stressing that it should be extended at least to single male parents. Suggestions have also been received that in cases where the child is differently abled, the clause stipulating that the child should be minor, should be done away with. Single mothers have highlighted their unique problems and requested the Commission for liberalising the grant of CCL. Interestingly, representations have also been made for discontinuance of the CCL, primarily on the grounds that it disrupts office working and also because it promotes gender discrimination.

 Analysis and Recommendations

9.2.8 When CCL was first introduced by the VI CPC it generated considerable interest as it represented a positive measure benefiting women employees. It also took a while to stabilise and it is seen that as many as five amendments/clarifications were issued within a short period of time. As it stands, it is meant for women employees “for taking care of up to two children whether for rearing the children or looking after their needs like examination, sickness etc.” It is treated akin to Earned Leave and is sanctioned as such. It may not, however, be granted in more than three spells in a calendar year.

9.2.9 In the first two years of its implementation the experience was that women employees tended to treat this as Casual Leave or an extension of the same, and the resultant frequent absences caused disruptions at work. To address this, in September 2010, a clarification was issued stipulating that CCL may not be granted in more than three spells in a calendar year and also that it may not be granted for less than 15 days at a time. However, the latter stipulation was subsequently withdrawn and as per the latest clarification issued on 5 June, 2014 the government has decided to remove the requirement of minimum period of 15 days CCL. It has been brought to the notice of the Commission that the capping of maximum three spells in a calendar year has, to some extent, addressed the problems relating to disruption of work. Notwithstanding that, in the course of discussions with various stakeholders, the sense that has come across is that what was introduced as a welfare measure to help employees in times of need, is seen as a benefit that has to be availed simply because it exists. There is, therefore, a palpable need to bring in some inhibiting feature so as to ensure that only genuinely affected employees avail of this scheme. Towards this end the Commission recommends that CCL should be granted at 100 percent of the salary for the first 365 days, but at 80 percent of the salary for the next 365 days. In making this recommendation the Commission has also kept in mind the fact the concept of a paid (whether 100% or 80%) leave solely for child care for a period of two years, is a liberal measure unmatched anywhere else.

9.2.10 The Commission notes that in the event a male employee is single, the onus of rearing and nurturing the children falls squarely on his shoulders. Hence extension of CCL to single male parents is recommended. Moreover, the Commission recognizes the additional responsibility on the shoulders of employees who are single mothers. Accordingly, it is recommended that for such employees, the conditionality of three spells in a calendar year should be relaxed to six spells in a calendar year.


Commuted Leave

9.2.11 Presently, Commuted Leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. A demands have been made to do away with the need for medical certificate.

 Analysis and Recommendations

9.2.12 The Commission does not find merit in the demand. Status Quo is recommended.

Earned Leave (EL) or Leave on Average Pay (LAP)

9.2.13 Presently 30 days EL per annum is granted to Civilian employees and 60 days to Defence personnel. EL can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Suggestions have been made to increase the accumulation to 450 days, allow encashment of 50 percent of the accumulated EL after 20 years of service and delink encashment of leave from LTC. A novel concept of “gifting” has been put forward, wherein employee should be allowed to ‘gift’ certain number of days of leave to one’s spouse or one’s colleague. “Vacational” staff like teachers, principals, etc. have demanded restoration of 10 days EL, which was changed to 20 days Half Pay Leave by VI CPC.

 Analysis and Recommendations

9.2.14 In many organizations, employees are encouraged to take leave on the premise that it revitalizes them and is beneficial for the organization in the long run. Such a system is not prevalent in the government sector in India, but substituting leave with cash is also not desirable. Hence, no change in encashment guidelines is recommended.

9.2.15 The Commission recognizes that Earned Leave is, as the name suggests, earned by an employee through the services rendered. Hence, it is personal to the employee and the concept of “gifting” cannot be considered.

9.2.16 The demand of “Vacational” staff can, however, be agreed to. Hence, it is recommended that “Vacational” staff be granted 10 days EL in place of 20 days Half Pay Leave. Other than this no other change is recommended.

Extra Ordinary Leave (EOL)

9.2.17 EOL is granted to a government servant when no other leave is admissible or when other leave is admissible, but the government servant applies in writing for extraordinary leave. This leave is neither debited to leave account nor is any leave salary paid. No demands have been received regarding this leave. Accordingly, status quo may be maintained

Furlough Leave

9.2.18 This leave is admissible only to defence officers for up to 60 days. It can be availed at half pay, once in a cycle of three calendar years. No demands have been received regarding this leave. However, the Commission is of the view that Furlough Leave is a legacy of the pre- Independence era. Since defence officers are already entitled to double the Earned Leave and more than double the Casual Leave available to civilian employees, there is no justification for continuation of Furlough Leave. Hence, it is recommended that Furlough Leave be abolished.

Gazetted and Restricted Holidays

9.2.19 Besides the three National Holidays, employees are presently entitled to 14 Gazetted and 2 Restricted holidays every year. Out of the 14 Gazetted holidays, 11 are observed throughout India, while 3 are decided locally. For Restricted holidays, a list is drawn up at the local level taking local factors into consideration; employee is entitled to choose anytwoin a year out of that list. There are demands to include May Day and 14th April as compulsory holidays throughout India. Suggestions have also been received to increase the number of locally decided Gazetted Holidays from 3 to 6.

 Analysis and Recommendations
9.2.20 The Commission is of the view that the present system is working well. Accordingly, status quo is recommended.

Half Pay Leave (HPL) or Leave on Half Average Pay (LHAP)

9.2.21 Presently, government employees are entitled to 20 days of Half Pay Leave for each completed year of service, credited @10 days on the 1st of January and 1st of July every year. There are representations that encashment of HPL should be allowed at the time of superannuation.
 Analysis and Recommendations
9.2.22 The demands lack merit. Elsewhere in the report it has been recommended that 20 days HPL granted to “Vacational” staff be converted into 10 days EL. Hence, HPL will henceforth not be available to them. No change other than this is recommended.

 Hospital Leave

9.2.23 This leave is granted to Group `C’ Railway employees if they are suffering from illness or injuries directly due to risks incurred in the course of official duties, on production of medical certificate. Full pay is admissible for first 120 days and half pay thereafter. The leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months. Demands have been received to increase this leave to an unlimited period of time as applicable to PBORs of defence forces.
 Analysis and Recommendations
9.2.24 This has been discussed under Special Disability Leave.

Leave Not Due (LND)

9.2.25 LND is granted when the employee has no half-pay leave at credit and he/she requests for the grant of Leave Not Due. It is granted only on medical certification, if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry. LND during the entire service is limited to a maximum of 360 days and will be debited against the half-pay leave that the employee may earn subsequently. No demands have been received regarding this leave. Accordingly, status quo may be maintained.

 Maternity Leave

9.2.26 Maternity leave is granted to women government employees–up to 180 days for pregnancy and 45 days in the entire service for miscarriage/abortion. Maternity leave can be combined with any other leave upto two years without medical certificate. The Commission has received representations for enhancement of Maternity leave to 240 days with full pay and further 120 days with half pay.
 Analysis and Recommendations
9.2.27 It is noted that Maternity Leave was raised from 135 days to 180 days and ‘period in continuation’ raised from 1 year to 2 years by the VI CPC. No further increase is warranted. Status quo is recommended.

Paternity Leave

9.2.28 Presently, a male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife, up to 15 days before or six months from the date of delivery of child. Paternity leave may also be granted to a government servant with less than two surviving children on valid adoption of a child below the age of one year, within a period of 6 months from the date of valid adoption. There are demands to increase the period to 30 days.
 Analysis and Recommendations
9.2.29 Present dispensation of 15 days is adequate. Status quo may be maintained.

Sick Leave

9.2.30 This leave is admissible to defence personnel only on account of sickness attributable/ aggravated due to service conditions. Full pay is granted for the entire duration of hospitalization. Beyond that, defence officers are allowed Sick Leave with full pay and allowances for first six months and fully pay only for next 18-24 months, while there is no such limit for PBORs. There are demands from CAPFs for complete parity with defence forces in respect of provisions of Sick Leave.
 Analysis and Recommendations
9.2.31 Discussed under Special Disability Leave.

Special Casual Leave (SCL)

9.2.32 SCL is granted to employees to cover their absence from duty for various occasions like sports events, cultural activities, participation in Republic Day Parade, voluntary blood donation, Trade Union meetings, etc. Full pay is granted during SCL and it can be sanctioned with retrospective effect also. There are demands to extend SCL to organ donors till the time they are fit to resume duty.
Analysis and Recommendations
9.2.33 The Commission would like to express its concern at the widespread use of SCL as a means of getting away from duty. However, because of the extensive scope and case specific nature of this leave, no concrete recommendations can be made. The government may, however, consider the following suggestions:
  1. Review the purposes for which SCL is presently granted.
  2. Limit the number of purposes for which an employee can be granted SCL in a year.
  3. Limit the total number of days that an employee can be granted SCL in a year.

Special Disability Leave

9.2.34 It is admissible to civilian employees when disabled by injury intentionally or accidentally inflicted or caused by or in consequence of the due performance of official duties or in consequence of official position held. Full pay is admissible for the first 120 days and half pay thereafter. The leave may be combined with any other kind of leave due and admissible, provided the total period of leave does not exceed 24 months.
9.2.35 There are demands to remove the ceiling limit of 24 months–the duration of leave may be left to the discretion of doctor and full pay paid for the entire period.
 Analysis and Recommendations
9.2.36 There are three different kinds of leave admissible to civilian/defence employees which are granted for work related illness/injuries–Hospital Leave, Special Disability Leave and Sick Leave. It is an established worldwide practice that employees who suffer illness/injuries that are attributable to/aggravated in the course of their duty need to be adequately compensated. However, due to the inherent difference between the nature of duties of civilians and uniformed forces, a distinction needs be made in the level of compensation provided. Having said that, there is some similarity in the risks faced by different uniformed forces, and consequently parity amongst them may be considered as far as this leave is concerned
 9.2.37 The following is, therefore, recommended:
  1. Hospital Leave, Special Disability Leave and Sick Leave should be subsumed in a new Leave named Work Related Illness and Injury Leave (WRIIL).
  1. Full pay and allowances will be granted to all employees during the entire period of hospitalization on account of WRIIL.
  1. Beyond hospitalization, WRIIL will be governed as follows:
  • For Civilian employees, RPF employees and personnel of Police Forces of Union Territories: Full pay and allowances for the 6 months immediately following hospitalization and Half Pay only for 12 months beyond that. The Half Pay period may be commuted to full pay with corresponding number of days of Half Pay Leave debited from the employee’s leave account.
  •  For Officers of Defence, CAPFs, Indian Coast Guard: Full pay and allowances for the 6 months immediately following hospitalization, for the next 24 months, full pay only.
  •  For PBORs of Defence, CAPFs, Indian Coast Guard: Full pay and allowances, with no limit regarding period.
  1. In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation payable under the Act.
  1. No Earned Leave or Half Pay Leave will be credited during the period that employee is on WRIIL.

Study Leave

9.2.38 Presently, Study Leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant. It is limited to 24 months, except for CHS officers who are allowed 36 months.

9.2.39 No demands have been received regarding this leave. Accordingly, status quo may be maintained.


Source: Geod.in

7th Pay Commission Recommendations: Overtime Allowance (OTA)

7th Pay Commission Recommendations: Overtime Allowance (OTA)



7th CPC allowed Overtime Allowance (OTA) to continue in Industrial Establishments of Defence and Railway

Overtime Allowance (OTA) is granted to government employees for performing duties beyond the designated working hours.

Presently, OTA is paid in several ministries/ departments, up to a certain level, at varying rates.

Though the III, IV V and VI Pay commission recommended to abolish the Over time allowance except where it is a statutory requirement, it was continued in some departments even when it is not a statutory requirement.

But JCM-Staff Side has demanded that OTA should be paid to all government employees who are asked to work beyond office hours, on the basis of actual Pay, DA and Transport Allowance.

The commission obseved that 90% of total expenditure on Over time allowance is spent in Defence and Railway. So the recommendation on Over Time Allowance is expected very much by the employees of these two Ministries

The 7th pay commission suggested in its recommendation that
“…..government offices need to increase productivity and efficiency, and recommends that OTA should be abolished (except for operational staff and industrial employees who are governed by statutory provisions), at the same time it is also recommended that in case the government decides to continue with OTA for those categories of staff for which it is not a statutory requirement, then the rates of OTA for such staff should be increased by 50 percent from their current levels”.
A stricter control on OTA expenditure is also suggested

So the employees of Ministry of Railways and Defence breathed sigh of relief as the Pay commission recommended to continue the Over time allowance.

7TH PAY COMMISSION RECOMMENDATION: LDC-UDC ISSUE

7TH PAY COMMISSION RECOMMENDATION: LDC-UDC ISSUE

LDC-UDC ISSUE-GOVERNMENT STAND REITERATED

On the issue of LDC/UDC 7th Pay Commission reiterated the deceiving stand of the Government. Despite of realizing the issue as genuine, Government had not taken a positive decision at their level. The tens of thousands of LDC & UDC, solely responsible for the smooth running of many of the subordinate offices, were hoping that 7th Pay Commission will study the problem faced by them and take a positive decision. Staff Side JCM having convinced the importance of the issue, had also recommended merger & upgradation of the Grade Pay of LDC & UDC to Rs. 2800. But here we see that 7th Pay Commission has not taken any decision on the issue except giving some confusing and misleading statements to vindicate the stand taken by the Government as true. Extracts of some of their views on LDC UDC issue spread over various chapters of the reports is given below:

Higher GP 2400 to LDC and consequent upgradation of pay for other civilian posts in the Ministerial hierarchy.

11.22.100 The Academy has urged that LDC should be placed in higher GP 2400 as against the existing GP 1900 at par with grade pay of Data Entry Operator (DEO), on the grounds that both LDC and DEO enter service on the basis of same educational qualification i.e., Class XII and that the functions of LDC are more complex than that of a DEO. This issue has been dealt in Chapter 7.7. Recommendations made there would apply in this case also.

11.52.32 They have demanded upgradation in pay of certain category of non-industrial posts viz., LDC, UDC, Accountant, Junior Head Clerk, Head Clerk, Office Superintendent and Assistant Manager (Admin).


Analysis and Recommendations

11.52.33 The Commission has not received the views of the ministry/department on the issue. However, posts like LDC, UDC, Accountant are common to a number of ministries/ departments. Recommendations regarding their pay are contained in Chapter 7.7 and Chapter 11.35. The Commission does not find any justification for increase in pay scale of the other cadres.

But in Chapter 7.7 no direct recommendation except to decline the demand of LBSNAA to increase the promotional quota of MTS to LDC, is visible. The extract of Para 7.7.37 is give below:


Analysis and Recommendations

7.7.37 Looking at the qualification requirements and their job profile, the Commission does not recommend any changes in the pay structure or the promotional prospects of the MTS. Regarding MTS in Delhi Police, the Commission is of the view that since MTS is a common category, any special dispensation to MTS in Delhi Police is not justified. In so far as the MTS of LBSNAA are concerned, the Commission notes as per the recruitment rules for LDC, presently only 5 percent of MTS can get promoted to LDC through limited departmental examination. However, since the government has stopped direct recruitment for the clerical cadre and gradually phasing out the existing incumbents, their demand cannot be accepted.

LDCs

11.35.27 There are demands that 50 percent posts of LDCs be earmarked for filing up by promotion/departmental examination by MTS. It has been argued that the educational qualification for the post of MTS is Class X and they are recruited through SSC for performing the work of Peon, Mali, Cobbler, and Sweeper etc. Since most of the MTS join the post with higher qualification of Higher Secondary and Graduation, there is high rate of attrition in the MTS cadre.

Analysis and Recommendations

11.35.28 As per the recruitment rules for LDC, presently 5 percent of MTS can get promoted to LDC through limited departmental examination. Since government has already stopped direct recruitment for the clerical cadre and gradually phasing out the existing incumbents, this demand cannot be accepted. Moreover enhancement of promotional quota is an administrative matter to be considered by the relevant administrative ministry.

Between the lines it can be read that the Government prevented the 7th Pay Commission to not consider the LDC/UDC issue positively and reiterated the wrong statement of the Government that that Government of India has stopped direct recruitment of LDC through Staff Selection as its recommendation. But the fact is that Staff Selection Commission is frequently conducting recruitment for the post of LDC and without the permission of the Government how they can done at their own. Combined higher secondary examination for the selection of LDC also has been conducted recently. If we take the intention of Government of phasing out the LDC post as true, then where is the alternative recommendation? Who will do the arduous work done by the young and energetic LDCs in the subordinate offices? It is to be noted that the normal ratio of LDC and UDC in subordinate offices is 5:2 and thus LDCs have been allocated responsible sections and in many smaller offices LDC alone is handling the work of entire Administration.

On the other hand rejecting Central Secretariat Clerical service demand of parity with DEO the commission observes “Even though the entry requirements are similar, historically the pay scales of the two posts have been different. Besides, they comprise two distinct cadres with different set of roles and responsibilities. Hence, the demand for parity of pay of LDC with DEOs cannot be acceded to by the Commission.”(Para 11.35.38).

Our view is that historically these cadres may be different set of roles but the fact is that functions of LDC are more complex than that of DEO and same was brought before the commission by various  Associations/Administrative Authorities. Earlier pay Commissions have fixed Pay Scale to DEO considering their work on computer. But today LDCs are more expertise in computer than DEO for doing work in computer, but the demand of parity with DEO is rejected. Extract of Para 11.35.38 is given below:

Central Secretariat Clerical Service

11.35.38 The Central Secretariat Clerical Service (CSCS) consists of the following grades:

i. Upper Division Clerk (GP 2400)
ii. Lower Division Clerk (GP 1900)
LDC and Data Entry Operator (DEO)

11.35.39 It has been demanded that LDC of CSCS drawing pay in GP 1900 be placed in GP 2400 at par with the DEOs on the grounds that post VI CPC, the entry requirements for the two posts is almost similar.

Analysis and Recommendations

11.35.40 Even though the entry requirements are similar, historically the pay scales of the two posts have been different. Besides, they comprise two distinct cadres with different set of roles and responsibilities. Hence, the demand for parity of pay of LDC with DEOs cannot be acceded to by the Commission.
From the above it is clear that Government is adamant on not granting pay scale to LDC & UDCs in subordinate offices at par with the duties assigned to them. Even though the 7th CPC claimed that they have recommended pay scales on the principle of equal pay for equal work, the genuine issue of LDC/UDC is ignored. Thus we are forced to represent against the recommendation to the Government/JCM (Staff Side).

All our LDC/UDC friends are requested to raise the issue in their respective Association/Office to force them to represent the issue to the implementation committee for consideration. Also please join all action programmes including strike action, called by the JCM (Staff Side), as published in this web site from time to time, to combat the situation.
TKR Pillai
General Secretary
Mob: 09425372172
Source: http://aiamshq.blogspot.in/

Flash News

Drastic Reduction of Dearness Allowance (DA) to Central Government Employees, Opted in 7th Pay Scale

Drastic Reduction of Dearness Allowance (DA) to Central Government Employees, Opted in 7th Pay Scale Dear friends, As you are awa...