Tuesday, 11 October 2016

Uploading of RTI replies on the respective websites of Ministries/Departments

Uploading of RTI replies on the respective websites of Ministries/Departments 

F.No. 1/1/2013-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
***
North Block, New Delhi
Dated the 7th October, 2016
OFFICE MEMORANDUM

Subject:- Uploading of RTI replies on the respective websites of Ministries / Departments

Attention is invited to para 1.4.1. of the enclosed guidelines referred to in this Deptt.'s O.M. No.1/6/2011-IR dated 15.04.2013, for implementation of suomotu disclosure under Section 4 of the RTI Act, 2005, which states as follows:-

All Public Authorities shall proactively disclose RTI applications and appeals received and their responses, on the websites maintained by Public Authorities with search facility based on key words. RTI applications and appeals received and their responses relating to the personal information of an individual may not be disclosed, as they do not serve any public interest.

2. Further vide O.M. No.1/1/2013-IR dated 21.10.2014 on the issue of uploading of RTI replies on the respective websites of Ministries / Departments, DoPT had requested that:

RTI applications and appeals received and their responses relating to the personal information of an individual may not be disclosed, if they do not serve any public interest.

3. Now, keeping in view the directions dated 20.11.2013 of Hon'ble High Court of Kolkata in Writ Petition No.33290/2013 in the case of Mr. Avishek Goenka Vs Union of India regarding personal details of RTI applicants, it is clarified that while proactively disclosing RTI applications and appeals received and responses thereto, on their website, the personal details of RTI applicant/appellant should not be disclosed as they do not serve any public interest. It is further clarified that the personal details would include name, designation, address, e-mail id and telephone no. including mobile no. of the applicant.
(Gayatri Mishra)
Director(IR)
To
All Public Authorities
Original Circular

Pay Fixation on Promotion as per 7th CPC (RP) Rules – Confederation requests to exercise revised option as one-time measure

Pay Fixation on Promotion as per 7th CPC (RP) Rules – Confederation requests to exercise revised option as one-time measure

“Exercising option for pay fixation in the revised 7th CPC Pay Structure, from the date of promotion or from the date of next increment from 01-01-2017 – C/o.Officials who are due for promotion/upgradation from Grade Pay 2800 to 4200 during the period from 01-01-2016 to 01-07-2017 – Request clarification and permission to exercise revised option as a one-time measure.”

PERMISSION TO OPT FOR PAY FIXATION ON A DATE AFTER THE DATE OF ISSUE OF CCS (RP) RULES 2016 NOTIFICATION 25-07-2016 IN CASE PROMOTION BECOMES DUE AFTER 25-07-2016 – CONFEDERATION WRITES TO FINANCE MINISTRY FOR CLARIFICATORY ORDERS

No.Confdn/7th CPC/Option/2016-17

10-10-2016

To

Shri.R.K.Chathurvedi,
Joint Secretary to Govt. of India,
Ministry of Finance,
Department of Expenditure
(Implementation Cell),
Room No.124, The Ashok, North Block,
New Delhi – 110 001.

Sir,
Sub: Exercising option for pay fixation in the revised 7th CPC Pay Structure, from the date of promotion or from the date of next increment from 01-01-2017 – C/o.Officials who are due for promotion/upgradation from Grade Pay 2800 to 4200 during the period from 01-01-2016 to 01-07-2017 – Request clarification and permission to exercise revised option as a one-time measure.

1. As per Rule 5 of CCS (RP) Rules, 2016 the following provisions are notified by Government on 25-07-2016:
Rule 5 – Government servant may elect to continue to draw pay in the existing pay structure untill the date on which he earns his next increment or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure.
Provided further that in cases where a Government servant has been placed in a higher grade pay or scale between 1st day of January 2016 and the date of notification of these rules (ie. 25-07-2016) on account of promotion or upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation as the case may be.

2. As per the above two provisions, a Government servant may elect to continue to draw pay in the existing pay structure until he earns his next or any subsequent increment in the existing (pre-revised) pay structure which implies that in cases where there is no promotion/upgradation between 01-01-2016 to 30-06-2016 (or between 01-01-2016 to 30-06-2017 in the case of subsequent increment on 01-07-2017) option to opt from the date of next increment (01-07-2016) or subsequent increment (01-07-2017) is available, thereby forgoing the arrears from 01-01-2016 to 30-06-2016 (next increment) or upto the date of subsequent increment say, 01-07-2017.

3. Thus, in the case of promotion/upgradation of a Government Servant becoming due before the date of notification ie, 25-07-2016, he should elect to switch over to the revised pay structure from the date of such promotion/upgradation. He has no option to opt for the next increment (becoming due after the date of promotion/upgradation) for fixation of pay in the revised pay structure.

4. Subsequently a clarificatory order is issued by Department of Expenditure (Implementation Cell) on 29th September 2016, which clarified the position further. As per this clarification, in case an employee is promoted or upgraded to the higher pay structure (in the pre-revised pay structure) he may be permitted to exercise revised option to have his pay fixed under the Revised Pay Rules 2016 from the date of such promotion/upgradation or from the date of next increment as per FR-22(i)(a)(i).

5. Thus an official who got promotion/upgradation on 15-07-2016 (in the month of July 2016), can exercise option to fix his pay under Revised Pay Rules, 2016, either from the date of promotion or from the date of next increment ie; on 01-07-2017.

6. Even after issuing the above clarificatory orders, dated 29-09-2016, it is not clear, whether an employee who becomes eligible for promotion/financial upgradation on a date after the date of issue of notification, ie, 25-07-2016, but before the date of next increment ie. 01-07-2017, can exercise option now, for fixation of his Revised Pay as per CCS (RP) Rules, 2016, from the date of promotion or from the date of next increment, ie; 01-07-2017, by forgoing the arrears from 01-01-2016 to date of promotion or 30-06-2017, thus allowing him to draw his pay in the pre-revised pay structure of 6th CPC till the date of promotion or till the date of next increment on 01-07-2017. As per the existing orders, all those employees whose date of promotion/upgradation becomes due after 25-07-2016 should compulsoily opt for pay fixation from 01-01-2016 or 01-07-2016, whereas an employee whose promotion is due in July 2016 ie; before the date of notification (25-07-2016) can opt for next increment date on 01-07-2017 for fixation in the Revised Pay structure under FR-22(i)(a)(i). Since the benefeit is extended to a section of employees who were promoted between 01-01-2016 and 25-07-2016 and the same benefeit is denied to the rest of the employee who are promoted after 25-07-2016, this is a clear case of discrimination and denial of natural and equitable justice.

7. If the option as above is not allowed, thousands of employees who are due for promotion/financial upgradation from 2800 Grade Pay to 4200 Grade Pay (in the pre-revised pay structure) from a date after the date of notification ie. 25-07-2016, will suffer a recurring loss of Rs.2800 to 3000 per month, throughout their service.

The following illustrations will explain the above facts:

1st OPTION – 7th CPC – OPTION FROM 01-01-2016

6th CPC 7th CPC
Basic as on 01-01-2016 16490 16490×2.57 = 42379.  Next stage in the pay matrix level – 5 = 42800
Increment on 01-07-2016
42800×3%=1284, 42800+1284=44084.  Next stage in the Pay matrix = 44100.
MACP-II promotion from 2800 GP to 4200 GP on 05-12-2016 (one increment fixation)
44100×3%=1323, 44100+1323=45423.
Next stage in the pay matrix level-6   = 46200.



2ND OPTION (IF ALLOWED) – OPTION FROM DATE OF SUBSEQUENT INCREMENT ie; 01-07-2017
6th CPC  7th CPC fixation if option allowed from date of promotion or date of next increment on 01-07-2017
Basic as on 01-01-2016 16490
Increment on 01-07-2016 16990
MACP-II promotion from 2800
GP to 4200 GP on 05-12-2016
(One increment fixation +  Grade Pay difference)
16990×3% notional  increment – 510 Grade pay difference=4200-2800 = 1400 Total Basic = 16990+  510+1400=18900 18900×2.57-48573.  Next stage  in the pay matrix in level 6 =49000
(If option allowed from date of promotion).
Increment on 01-07-2017 18900×3% = 567
= 18900+567 = 19467
= 19470
19470×2.57 = 50038 Next stage in the pay matrix level 6 = 50500.  (If option allowed from date of next increment).

Thus if no option is permissible after 25-07-2016 to fix the pay in the revised scale on the date of promotion ie. 5-12-2016, then by compulsory option from 01-01-2016, the pay will be fixed at 46200 on promotion. If option is permissible after the date of notification to fix the pay in the revised scale on the date of promotion, the pay will be fixed at 49000. The difference is Rs.2,800/-. If option for fixation on next incremen on 01-07-2017 is granted, then the difference will increase further.

In view of the above, it is requested that the case may be reviewed judiciously and clarificatory orders may be issued, permitting the employees whose promotion date become due after the date of notification (25-07-2016) also, to exercise option for fixation of their revised pay from the date of promotion/upgradation or from the date of next increment ie. 01-07-2017, as a one time measure, thereby forgoing the entire arrears from 01-01-2016 to date of promotion or date of next increment on 01-07-2017. In other words, they may be permitted to draw their pay in the pre-revised 6th CPC pay structure till the date of promotion or till the date of next increment on 01-07-2017.

Awaiting favourable orders,

Yours faithfully,

M.Krishnan,
Secretary General, &
Standing Committee Member,
JCM National Council (Staff side).
Mob: 09447068125.
Email: mkrishnan6854@gmail.com

Copy to:
1) The Secretary,
Ministry of Finance, Department of Expenditure,
North Block, New Delhi – 110 001 – for favourable action please.

Source: Confederation

Govt revises excise duty evasion limit to warrant arrest

Govt revises excise duty evasion limit to warrant arrest

New Delhi: The government has doubled the limit of excise duty evasion for arrest and prosecution of accused to Rs 2 crore and also asked officials not to resort to penal provision in cases of technical nature.

“It has been decided to revise the monetary limit for arrest and prosecution in Central Excise to maintain uniformity of practice in central excise and service tax,” the Central Board of Excise and Customs (CBEC) said in an order.

Arrest and prosecution of a person henceforth can be resorted only if the offence relating to evasion of central excise duty or misuse of CENVAT credit is equal to or more than Rs 2 crore, CBEC said.

In October 2015, the monetary limit for excise related offences was set at Rs 1 crore.

“It is again reiterated that arrest and prosecution should not be resorted to in cases of technical nature i.E where the additional demand of duty/tax is based on a difference of opinion regarding interpretation of law,” the order said.

CBEC said “since an arrest impinges on the personal liberty of an individual, this power should be exercised with great responsibility and caution and only after a careful examination of the legal and factual aspects.”

Arrest in case of service tax violations was introduced with effect from May 10, 2013. Subsequent amendments via the Finance Acts have limited the possibility of arrest “only if a person collects any amount as service tax but fails to pay the amount so collected to the credit of the Central Government beyond the period of six months from the date on which such payment becomes due and the amount exceeds Rs 2 crore.”

CBEC said conditions precedent for carrying out an arrest included careful exercise of the power as arrest impinges on the personal liberty and such an action should be able to stand judicial scrutiny.

It said even if the conditions are fulfilled, it should not mean that an arrest must be made.

Once the legal ingredients of the offence are made out, the Commissioner must go ahead with the arrest only if it is determined that the alleged offender is likely to hamper the course of further investigation by his unrestricted movement and is likely to tamper with evidence or intimidate or influence witnesses.

“If the alleged offender is assisting in the investigation and has deposited at least half of the evaded tax, then the need to arrest may not arise,” it said.

PTI

PNB makes home, auto loans attractive for government staff

PNB makes home, auto loans attractive for government staff

New Delhi: To cash in on the 7th Pay Commission payout to government employees, state-owned Punjab National Bank (PNB) is offering them home and auto loans at attractive rates of 9.3-9.8 per cent beginning this month.

Besides, the bank said it will offer loans to these segments without any processing or upfront fee and no documentation charges will be levied on them.

The rate of interest is with effect from October 1, 2016.

The Delhi-based state lender said the objective of the drive — christened as ‘PNB Pride’ — is to “ensure availability of housing and vehicle loan at attractive rates and ensure a house and a car for all government employees”.

For housing loans, the floating interest rate has been fixed at marginal cost of lending rate (MCLR) for one year at 9.3 per cent. For those availing the housing loan on a fixed rate basis, it will be a floating one of interest plus 0.50 per cent (i.e, 9.8 per cent).

For car loan, customers will be charged MCLR of one year plus 0.25 per cent (9.55 per cent) on a floating basis. As for fixed interest rate with a reset clause of 3 years, it will be MCLR of one year plus 0.25 per cent, or 9.55 per cent.

Permanent employees of central and state governments, defence personnel and paramilitary forces will be able to avail of the benefits of lower rates under the PNB Pride scheme.

All other terms and conditions of the existing housing and car loan scheme will be applicable to the borrowers, PNB said.

PTI

Government notifies new disability pensions rule for armed forces

Government notifies new disability pensions rule for armed forces

New Delhi: The government has notified a new set of rules for disability pensions for the armed forces, a move that came in for criticism from the opposition parties and the security establishment.

The new rules replaces the decade-old system governed by the Sixth Central Pay Commission (6th CPC) instituted in 2006 under which disability pensions arising from battle injuries, or disabilities attributable to/aggravated by military service, were calculated on a percentage basis, related to the last pay drawn.

However, under the new scheme, disability pensions will be calculated according to a slab system that existed earlier.

What the military personnel are upset about is that civilians will continue to be paid pensions according to the earlier percentage system, which means that a civilian employee will have higher disability pension than his military counterpart.

This is very wrong. Our soldiers deserve better. I urge centre to increase disability pension n not decrease it, Delhi Chief Minister Arvind Kejriwal tweeted.

Congress spokesperson Randeep Surjewala also attacked the Modi government for what it termed as downgrading the armed forces.

On one hand, the government carries out a surgical strike and on the other it reduces the disability pension, thereby downgrading their morale. Why have you thrown into dustbin the recommendations of the three service chiefs, Surjewala said.

Sources said that until the September 30 notification, officers and soldiers who had suffered 100 per cent disability in battle were entitled disability pension that matched their last pay drawn.

In addition, they would draw a service component of pension, which amounted to 50 per cent of their last pay drawn.

Under the new rules, which come into effect retrospectively from January 1, 2016, the service component remains unchanged, but a slab system has been introduced for disability pension, which is lower than the percentage system  Rs 27,000 a month for officers, 17,000 for junior commissioned officers (JCOs), and Rs 12,000 for all other ranks (ORs).

Senior officers from the services also expressed their disappointment with the new pension rules.

PTI
new disability pensions rule, armed forces disability pensions rule, PTI, disability pensions, armed forces, 6th CPC, 7th CPC

Prescription of Timelines under CGHS for settlement of Medical claims of Pensioner CGHS beneficiaries : Maximum of 45 days to 90 days prescribed


Prescription of Timelines under CGHS for settlement of Medical claims of Pensioner CGHS beneficiaries : Maximum of 45 days to 90 days prescribed

CGHS circular for prescribing Timelines for settlement of Medical Claims

Government of India
Ministry of Health and Family Welfare
Department of Health & Family Welfare
Directorate General of CGHS
Office of the Director, CGHS
No: Z.15025/79/1/DIR/CGHS
545-A Nirman Bhawan, New Delhi
Dated the 5th October, 2016
OFFICE MEMORANDUM

Subject : Prescription of Timelines under CGHS for settlement of Medical claims of Pensioner CGHS beneficiaries.

With reference to the above subject the undersigned is directed to state that it has now been decided to define ‘Time Lines’ for processing and settlement of medical claims of pensioner CGHS beneficiaries as per the details given under:

Medical Claims not requiring Special approvals
i. Issue of Serial No. for Medical Claim at CGHS WC : same day

ii. Submission of physical bill to Office of AD : within 7 days

iii. Processing of Claims by Dealing Asst. and submission to CMO(R&H) : within 10 days

iv. Processing of Medical claims by CMO(R&H) : within 7 days

v. Sanction of Addl. Director and return to CMO : within 3 days

vi. Preparation of Bill and submission to P&AO : within 7 days

(Total within 45 days)

Medical claims
requiring approval of higher authorities

Total time within 60 days in Delhi

Total time within 90 days in other cities

Medical claims
requiring opinion of specialists

Total time 60 days


Medical Claims requiring STC approval for full reimbursement

1st STC meeting may be conducted within 90 days

Chief Medical Officer in charge shall thoroughly check the papers initially for the completeness of the requisite documents before accepting the claim papers to ensure that the claim papers are not returned subsequently for want of some documents.

(D.C.Joshi)
  Director, CGHS

Download CGHS Circular No: Z.15025/79/1/DIR/CGHS dated 05.10.2016

Central has so far not set up the High Level Committee on Minimum Wage and Fitment Formula revision and other main demands of CG employees : Karnataka COC

Central has so far not set up the High Level Committee on Minimum Wage and Fitment Formula revision and other main demands of CG employees : Karnataka COC

Prepare for Strike

Comrades,
The meetings of allowances and standing committee of National JCM scheduled on 13th October 2016, has been postponed to 25th October 2016. It was expected that the recommendations of allowance committee will be made in October 2016 , with the postponement of meetings now we can expect in November 2016 the allowances committee will submit its report .

Meanwhile the Finance Ministry has issued orders on advances. The 7th CPC has recommend for abolition of all advances, the staff side JCM demanded retention of all advances , the some of the advances such as medical, computer and travelling allowances are retained, but the important festival advance is been abolished.

The Government has so far not set up the high level committee on minimum wage, fitment formula revision and other main demands of CG employees as assured by Cabinet Ministers in July 2016. Since four months time which was sought by the Cabinet Ministers is going to end shortly.

The Central Government has shown urgency in issuing orders on advances, but the same urgency is not shown in case of issue of orders on allowances and revision of minimum wage, fitment formula which will benefit lakhs of Central Government employees.

To put more pressure on the Central Government to accept the main demands of the Central Government employees all are requested to observe the following programs.

1st PHASE : 20th OCTOBER 2016 : THURSDAY
Demonstration at all centres/all office gates and forwarding of resolutions adopted on charter of demands to Hon'ble Prime Minister of India (2) Hon'ble Home Minister (3) Hon'ble Finance Minister and all Departmental heads.

2nd PHASE : 7th NOVEMBER 2016 : MONDAY
Mass dharna at all state capitals/important centres.

3rd PHASE : 15th DECEMBER 2016 : THURSDAY
Massive Parliament March of not less than 20000 Central Government employees. Reserve your tickets immediately.

4th PHASE : STRIKE JOINTLY WITH ALL LIKE MINDED ORGANISATIONS
Date will be decided in consultation with other organisations.

Comradely yours

(P.S.Prasad)
General Secretary
Source: http://karnatakacoc.blogspot.in/

Attention Central Government (Civil) Pensioners/Family Pensioners

Attention Central Government (Civil) Pensioners/Family Pensioners

Do You Know?

Basic pension is revised by the government from time to time, at least once every 10 years since 1986.

Minimum basic pension/family pension, excluding dearness relief was Rs.3500 till December 31 2015 and is Rs.9000 w.e.f. January 1,2016

20% to 100% additional pension is granted on attaining age of 80 years and above

Fixed medical allowance in non-CGHS area is Rs.500 from November 9.2014

Aged/ill pensioners can submit life certificates through gazetted officers/ Sarpanch/Magistrate/RBI or other bank officer etc.

Aadhaar based Life Certificates can be submitted online from home.

For pensioners holding joint account with spouse, only death certificate is sufficient for commencing family pension for spouse.

Succession certificate not required for starting family pension

Names of permanently disabled dependent children/siblings and dependent parents can be added in PPO.

Provide mobile number to banks to get SMS on payment of pension and important updates.

For further information please contact your bank branch or write to:

Director (PW), Department of Pension and Pensioner’s Welfare, 3rd floor, Lok Nayak Bhawan, Khan Market, New Delhi 110003

Grievance Cell, Central Pension Accounting Office, Ministry of Finance, Department of Expenditure, Trikoot ll, Bhikaji Cama Place, New Delhi 110066

Visit Website: www.pensionersportal.qov.in, www.cpao.nic.in

Authority: www.davp.nic.in

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